FRANCE Law and Practice Contributed by: Clara Hainsdorf, Bertrand Liard, Saam Golshani and Guillaume Vitrich, White & Case LLP
sharing, emphasising the need for “communi - cation of content” for legal action; and • Article 226-8-1 targets pornographic deep - fakes, penalising their creation and distri - bution without consent, aiming to combat sexism and exploitation. At the European level, the DSA requires online platforms to remove illegal content, including deepfakes, quickly after it has been reported. Platforms must put effective mechanisms in place to enable users and authorities to report such content in order to facilitate its removal. Pursuant to Article 50 of the AI Act, deploy - ers of an AI system that generates or manipu - lates image, audio or video content to create deepfakes must disclose that the content has been artificially generated or manipulated. This requirement does not apply when the use is legally authorised for the detection, prevention, investigation or prosecution of criminal offences. When the content is part of an evidently artistic, creative, satirical, fictional or similar work or pro - gramme, the transparency obligation is limited to appropriately disclosing the existence of such generated or manipulated content in a way that does not interfere with the display or enjoyment of the work. Autonomous Vehicles France has established an advanced regula - tory framework to support the development of autonomous vehicles, emphasising safety, grad - ual adoption and public acceptance. According to Article R. 311-1 of the French Highway Code, autonomous vehicles are categorised into three levels of automation: partially, highly or fully automated. A French decree issued in July 2022 authorises the use of vehicles with driver delega - tion corresponding to Level 3, which means the
car can operate autonomously under specific conditions. The PACTE Law (2019) and the Mobility Orien - tation Law (2019) enable experimentation and regulatory adaptation for autonomous vehicles by providing a legal framework that supports technological innovation and the deployment of autonomous driving solutions. These laws facilitate the testing of self-driving vehicles on public roads under controlled conditions, ensur - ing safety while encouraging advancements in mobility technologies. They also allow for the gradual integration of autonomous vehicles into the transport system by adapting existing regu - lations to accommodate new mobility models. Data Protection Big data projects must consider users' rights granted by GDPR, especially regarding purpose restriction and prior information, as users may not have been informed of unforeseen process - ing purposes when the data was collected. In April 2024, CNIL released practical guides to offer clear recommendations for developing AI systems and creating databases for AI train - ing involving personal data. These guides focus solely on the development phase, not deploy - ment, and are limited to data processing under GDPR. They are designed to assist profession - als with both legal and technical backgrounds, including data protection officers, legal profes - sionals and those with or without specific AI expertise. The European Commission's draft code of prac - tice aims to guide providers of general-purpose AI models in their compliance with EU legis - lation. European Data Protection Supervisor (EDPS) Opinion 2024/48 criticises the lack of detail on transparency, data protection and sys -
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