FRANCE Law and Practice Contributed by: Estelle Rigal-Alexandre, Marie Frisch and Mohamed Bouzenada, Soulier Bunch
copyright, considering that blockchain-based records could contribute to proving the existence and date of creation of protected works. In practice, blockchain is therefore increasingly used as a tool to strengthen evidentiary positions, in par- ticular in relation to authorship, priority and traceability. However, such mechanisms are generally combined with more traditional forms of evidence, and their pro- bative value remains subject to judicial assessment. More broadly, the use of blockchain may raise addi- tional legal issues in relation to database protection, software licensing, and the enforceability of rights in France does not operate a general-purpose regula- tory sandbox specifically dedicated to blockchain or crypto-asset projects. However, certain initiatives at both national and Euro- pean levels offer a controlled environment for experi- mentation. At the European level, the Distributed Ledger Technology (DLT) Pilot Regime, in force since 2023, remains in force and allows selected market infrastructures to test the use of blockchain technolo- gies for the trading and settlement of financial instru- ments under a temporary and proportionate regula- tory framework. The regime is currently under review, and its extension and expansion are being considered to increase market uptake. decentralised environments. 1.1.2 Regulatory Sandbox In France, the Autorité des marchés financiers (AMF) and the Autorité de contrôle prudentiel et de réso- lution (ACPR) have adopted an innovation-friendly approach, including through dedicated fintech sup- port mechanisms. These include informal guidance, regulatory dialogue and the possibility for project sponsors to engage with the authorities at an early stage. While these initiatives facilitate innovation, they do not constitute a sandbox in the strict sense, as they do not provide for formal regulatory exemptions. In practice, blockchain and crypto-asset projects are therefore generally required to comply with the appli- cable legal framework from the outset, subject to lim-
ited flexibility in supervisory expectations depending on the nature and scale of the project. 1.1.3 Regulation of Blockchain Technology There is no comprehensive legal framework in France specifically governing blockchain technology as such, independently of the regulation of crypto-assets. Instead, blockchain-based activities are subject to a combination of existing legal regimes, depend- ing on their nature and the sectors in which they are deployed. In practice, the use of blockchain technologies is pri- marily assessed through the lens of general regulatory requirements, including contract law, liability rules, data protection and, where applicable, sector-specific regulations. This approach reflects a technology-neu- tral regulatory framework, under which legal obliga- tions apply irrespective of the underlying technologi- cal infrastructure. Responsibility and Liability The allocation of responsibility in blockchain-based systems depends largely on the structure of the rel- evant network. Where blockchain applications rely on identifiable operators or intermediaries, such as platform provid- ers or service operators, these entities may be subject to contractual and, in some cases, statutory liability, including in relation to the proper functioning of the system and the services provided to users. By contrast, in decentralised or permissionless envi- ronments, the identification of a responsible party may be more complex. In such cases, liability may be assessed on a case-by-case basis, taking into account the role of developers, node operators, gov- ernance participants or other actors involved in the operation of the protocol. Outsourcing and Operational Risk Blockchain-based solutions are often integrated into wider technical infrastructures. As a result, the use of blockchain may fall within the scope of outsourc- ing and operational risk management requirements, particularly in regulated sectors such as financial ser- vices.
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