FRANCE Law and Practice Contributed by: Clara Hainsdorf, Bertrand Liard, Saam Golshani and Guillaume Vitrich, White & Case LLP
and based on a qualified certificate for elec - tronic signatures; and • simple electronic signatures are those that are neither qualified nor advanced. Article 25(1) of eIDAS specifies that electronic signatures shall not be denied legal effect and admissibility as evidence in legal proceedings solely due to their electronic form or because they do not meet the requirements for qualified electronic signatures. Article 25(2) of eIDAS indi - cates that a qualified electronic signature shall have the equivalent legal effect of a handwritten signature. Article 1367 of the French Civil Code indicates that an electronic signature must use a reliable identification process, guaranteeing its link with the document to which it is attached. Article 1 of Decree No 2017-1416 of 28 September 2017 further specifies that qualified electronic signa - tures under eIDAS are presumed to be reliable. Further guidance on electronic signatures is available on the ANSSI website. Electronic Identification Article L 102 of the French Postal and Elec - tronic Communications Code establishes the framework for electronic identification of online services in France and the presumption of reli - ability of electronic means of identification, and the procedures for their certification. The security requirements applicable to these electronic means of identification are based on the provisions of eIDAS and the associ - ated Implementing Regulation No 2015/1502. Decree No 2022-1004 of 15 July 2022 sets out the conditions for the certification by ANSSI of electronic identification means, as well as the specifications for establishing the presumption
of reliability of these means. Further guidance on electronic identification is available on the ANSSI website .
9. Gaming Industry 9.1 Regulations
France's regulatory framework for the gaming industry emphasises consumer protection, cop - yright and age verification. A significant 2022 rul - ing from the Paris Court of Appeal requires game platforms targeting French consumers to comply with French regulations, emphasising fair and transparent terms. On 23 October 2024, the French Supreme Court ruled that digital games are complex works rather than simple computer programs, opposing digital game resale. French regulations authorise horse betting, sports betting and online poker, but casino games and lotteries remain monopolised by La Française des Jeux (La FDJ). Influencer market - ing in gaming is restricted to platforms that can exclude minors, under Law No 2023-451. The industry faces challenges in age verification, IP protection and compliance with consumer pro - The Autorité nationale des jeux (ANJ) was cre - ated in 2020 as an independent administra - tive authority responsible for approving online gaming and betting operators. It has enhanced powers, the authority to sanction non-compliant operators, and a mandate to combat excessive gambling in casinos. In November 2024, the ANJ issued one warning and eight financial penalties, ranging from EUR5,000 to EUR150,000, against nine online gaming operators. tection laws and GDPR. 9.2 Regulatory Bodies
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