LCEN Articles 7 and 7-1 to 7-4 (inserted by the SREN Law), Digital Services Coordinator, Competent Authorities and Cooperation
In force since .
A transparency and process rule binding government bodies.
- Obligation class
- Governance
As of .
What it requires
- These articles bind public authorities: they name Arcom, the authority in charge of competition and consumer affairs and the CNIL as the competent authorities under the Digital Services Act, designate Arcom as digital services coordinator, and set how those authorities cooperate and share information. They create no separate duty for a provider of an online service beyond identifying which authorities enforce the Digital Services Act against it.
Who enforces it
Enforcement body
The Autorité de régulation de la communication audiovisuelle et numérique (Arcom) as digital services coordinator, with the authority in charge of competition and consumer affairs and the CNIL as the other competent authorities named in Article 7.
What this law does
Articles 7 and 7-1 to 7-4 of the LCEN were inserted by loi n° 2024-449 du 21 mai 2024, published in the Journal officiel of . Article 7 names Arcom, the administrative authority in charge of competition and consumer affairs, and the Commission nationale de l'informatique et des libertés (CNIL) as the competent authorities designated under Article 49 of the Digital Services Act.
Article 7 designates Arcom as the digital services coordinator, without prejudice to the powers of each competent administrative authority. Article 7-1 lets the coordinator, under an agreement, use the technical assistance of the State administrative service referred to in Article 36 of loi n° 2021-1382, in particular for data analysis, source code, computer programs, algorithmic processing and algorithm audits.
Article 7-2 requires the coordinator to ensure that the competent authorities cooperate closely and assist one another. Under Article 7-2 those authorities may share information without trade secrecy, investigation secrecy or the protection of personal data standing in the way. Article 7-3 has the coordinator sit on the European Board for Digital Services. Article 7-4 creates a national network for coordinating the regulation of digital services.
The network's members are Arcom, the CNIL, the Autorité de régulation des communications électroniques, des postes et de la distribution de la presse, the Autorité de la concurrence, the Agence nationale de la sécurité des systèmes d'information, the Autorité des relations sociales des plateformes d'emploi and the competent State services. Article 64 of the enacting law brings the rest of article 51, but not its 1° to 3°, into force on , and does not name article 44.
Article 1 of the Code civil puts a law with no commencement day of its own in force on the day after its publication in the Journal officiel. Légifrance records Article 7-1 as in force from . Légifrance records Article 7-2 as in force from . Légifrance records Article 7-3 as in force from . Légifrance records Article 7-4 as in force from .