France: Decree No. 2013-596 of July 8, 2013, removing the Complementary Penalty of Suspending Access to an On-Line Public Communication Service (...)

July 10, 2013

France: The Decree No. 2013-596 of July 8, 2013, removing the Complementary Penalty of Suspending Access to an On-Line Public Communication Service and relating to the Information Transmission Methods provided for in Article L. 331-21 of the Intellectual Property Code, issued by the Ministry of Culture and Communication, entered into force on July 10, 2013. This Decree repeals paragraph III of Article R. 335-5 of the Intellectual Property Code (the "IPC"), removing the complementary penalty of suspending access to an online public communication service for up to one month in case of the offense of gross neglect to secure the access to online public communication services allowing the illegal downloads of copyrighted works, provided for in the Law No. 2009-1311 of October 28, 2009, on the Criminal Protection of Literary and Artistic Property on the Internet (the "Law Hadopi 2").

As a result, only a Class 5 misdemeanor with a fine of 1,500 euros shall be imposed for the offense of gross negligence, as defined in paragraphs II & III of Article R. 355-5 of the "IPC", created by the Decree No. 2010-695 of June 25, 2010, on Gross Negligence for the Protection of Literary and Artistic Property on the Internet. The Decree also specifies the methods of the secure data transmission necessary for the subscribers' identification which includes the automated processing of personal data or the recording medium to communicate to the Commission for the Protection of Rights of the High Authority for the Dissemination of Works and the Protection of Rights on the Internet ("HADOPI"), as referred to in Articles L. 331-21, R. 331-37, and the Decree No. 2010-236 of March 5, 2010, on the Automated Processing of Personal Data authorized by Article L. 331-29 of the Code of Intellectual Property, called the "Management System for Measures for the Protection of Original Works on the Internet".