TMT 2025

FRANCE Law and Practice Contributed by: Clara Hainsdorf, Bertrand Liard, Saam Golshani and Guillaume Vitrich, White & Case LLP

4.3 Data Sharing Sharing the personal data of European resi - dents with countries lacking an EU adequacy decision is generally not permitted, unless appropriate safeguards, as outlined in Article 46 of GDPR, are in place. These include binding corporate rules, standard contractual clauses, an approved code of conduct or an approved certification mechanism. The Data Act promotes fair access to and fair use of data across the EU, complementing the DGA. While the DGA establishes frameworks for voluntary data sharing, the Data Act mandates entities to make data accessible to other parties. The DGA allows companies to reuse data held by public sector bodies, including “protected data”, provided it is anonymised or does not infringe business secrecy or copyright. The Data Act introduces a new obligation to share data obtained through IoT devices with the user and third parties at the user's request, starting 12 September 2025. This means data previously exclusive to the IoT provider or manufacturer must be shared upon request. The Data Act establishes rules for users, data holders and third parties regarding data-sharing requirements, applicable to those processing personal data. Its territorial scope is similar to GDPR, applying regardless of the location of manufacturers, providers and data holders. Non- EU-based manufacturers and providers must comply if their connected products or services are marketed within the EU, and data holders must follow the regulations if they make data available to EU recipients. These regulations have a broad scope, poten - tially affecting any company that processes data. However, not all IoT data falls under the

sharing obligation. Manufacturers or service pro - viders can refuse to share specific data iden - tified as trade secrets, but only in exceptional circumstances with a high likelihood of serious economic harm from disclosure. Such refusals must be based on objective criteria, substanti - ated in writing, and notified to the national com - petent authority. The French regulation does not impose higher standards than the EU approach. 5. Audiovisual Media Services 5.1 Requirements and Authorisation Procedures Audiovisual services traditionally cover TV, radio and on-demand audiovisual media services (AVMS). AVMS commonly include services such as video on demand (VOD), catch-up television and audio podcasts. Audiovisual services are subject to Law 86-1067 of 30 September 1986 on the freedom of com - munication, and are regulated by an independ - ent administrative authority, the Regulatory Authority for Audiovisual and Digital Commu - nication ( Autorité de régulation de la commu- nication audiovisuelle et numérique – ARCOM, formerly CSA). The requirements and associated procedures for providing an audiovisual service depend on the nature of the service. The requirements for providing these services vary based on the ser - vice type but include general obligations such as respecting individual dignity and privacy rights, and protecting minors. In addition, programmes must promote the French language, uphold pub - lic order and avoid inciting hatred or violence.

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