The offense of “online contempt” is stillborn. More than a year after its initial presentation, the draft law on SREN was finally promulgated and published Tuesday, May 21 in the official gazette. The text of the law it underwent several corrections by the constitutional council, which censored a total of five articles of the text, including the one on contempt of court.
The Constitutional Council considered that other legal texts already allow the punishment of similar acts. Other articles rejected by the Constitutional Council are qualified as “legislative riders”, i.e. amendments without a direct connection to the initial subject of the law.
Other measures of the text, which mainly focus on the protection of minors on the Internet and the fight against fraud and misinformation, have not been changed.
New missions for Arcep
Above all, the text gives Arcep new missions. And that on the basis Data Management Act and pending implementation Data Act. The telecommunications authority states on its website that it is now responsible for regulating “ data mediation providers“. This new status designates platforms responsible for pooling or connecting organizations that make data available and those that exploit it.
According to the Data Management Act, these actors are subject to a certain number of obligations. Especially to register with the local authority responsible for regulation. Arcep therefore, he announced the opening of a new counter for the respective organizations. It also offers a tagging service to promote players who respect the criteria of European regulations.
With this new mission, Arcep is now responsible for monitoring cloud computing players. Here, Archep will have to implement the obligations imposed by the Data Act. This European regulation, which entered into force in January 2024, will apply from September 2025. This text envisages measures to enforce interoperability between different cloud services, the abolition of exit fees, as well as the limitation of cloud credits offered by vendors.
Archep will thus have new authority to sanction actors who do not respect their obligations. With the possibility of imposing fines of up to 3% of the global turnover during the last financial year of the infringing organization.
Busy schedule for Arcom, DGCCRF and Cnil
Arcep is not the only authority taking on new missions. Arcom is thus designated as the coordinator of digital services. The body is responsible for ensuring the application provisions of the Digital Services Regulation (DSA).
In a press release, the body states that it intends to launch “in the coming weeks” the first procedures for the appointment ” reliable markers “. The organization’s Trusted Reporters are responsible for providing platforms with “substantiated, priority-based reports”. »
The new rules imposed on online marketplaces will be overseen by the Directorate General for Competition, Consumerism and Fraud (DGCCRF).
The CNIL will be responsible for enforcing the new obligations regarding advertising profiling.
ON Digital Markets Regulation (DMA) at the end, the text stipulates that the authority for market competition and the Ministry of Economy and Finance will be responsible for investigating practices access controllers appointed by the European Commission.