LCEN Articles 8-1 to 9-2 (inserted by the SREN Law), Arcom's Supervision and Sanctions under the Digital Services Act

Article 8-1 has the Autorité de régulation de la communication audiovisuelle et numérique (Arcom) ensure that providers of an intermediary service respect Articles 9(1) and (5), 10(1) and (5) and 11 to 15 of the Digital Services Act. For a provider of a hosting service, Article 8-1 adds Articles 16 and 17 of the Digital Services Act.

For a provider of an online platform, other than a micro or small enterprise, Article 8-1 adds Articles 20 to 24, Article 25 (except the practices in point 1° of Article L. 133-1 of the Code de la consommation), Article 26(1)(a) to (c) and 26(2), Article 27 and Article 28(1) of the Digital Services Act. Article 8-2 has Arcom analyze the transparency reports of the online platform providers within its competence.

Article 9-1(I) lets Arcom exercise the investigation and enforcement powers of Article 51 of the Digital Services Act. Article 9-1(II) lets Arcom's sworn agents inspect, from 6 a.m. to 9 p.m., any premises a provider of intermediary services uses for its business. An inspection of premises that are partly or wholly used as a private home needs the authorization of the liberty and custody judge.

The person in charge of the premises is informed of the right to object to the inspection, and where that right is exercised the inspection needs the authorization of the liberty and custody judge. Article 9-1(IV) lets Arcom order a provider to end a breach within a set time. Article 9-1(IV) also lets Arcom adopt provisional injunctions where a breach appears likely to cause serious harm. Article 9-1(IV)(B) lets Arcom accept commitments that a provider proposes in order to end a breach.

Article 9-1(V)(B) lets Arcom ask the judicial authority to order a temporary restriction of access to the provider's service. Article 9-2(I) lets Arcom serve a formal notice (mise en demeure) on a provider to comply with the obligations listed in Article 8-1. Article 9-2(II) lets Arcom impose a pecuniary sanction where the provider does not comply with the formal notice or injunction, or with the measures taken under Article 9-1(IV) and (V).

Under Article 9-2(III) the pecuniary sanction may not exceed 6 % of worldwide turnover before tax for the financial year preceding the sanction. Where a provider refuses to comply with Arcom's requests in an investigation, the sanction may not exceed 1 % of that turnover. A daily penalty payment (astreinte) attached to a formal notice or injunction may not exceed 5 % of the provider's average daily worldwide turnover before tax for the preceding financial year. Article 9-2(IV) lets Arcom make its formal notices, injunctions and sanctions public.