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  1. Research & Outlook
BRIEF June 25, 2019

Digital Business Indicators—France

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  • Universal Access

    1. Does your country have a national broadband plan or policy to develop a high-speed access network?YES
    2. If yes, does the plan or policy include blended finance or public-private partnership investment schemes for broadband expansion?YES
    3. If yes, does the plan or policy include government investment in infrastructure to make broadband more broadly available?YES
    4. If yes, what areas are the government investments targeting: Check all that apply. 

    If yes, what areas are the government investments targeting: First mile

    		NO

    If yes, what areas are the government investments targeting: Middle mile

    		NO

    If yes, what areas are the government investments targeting: Last mile

    		YES

    If yes, what areas are the government investments targeting: Invisible mile

    		YES
    5. Does your country mandate the financing of a Universal Service Fund (USF) for services such as voice telephony services, fixed broadband Internet access services, and terrestrial mobile communication services?YES
    6. Are fiscal incentives in place to accelerate internet deployment?NO

    If yes, specify: Accelerated depreciation for connectivity infrastructure investments:  

    		NO

    If yes, specify: Tax credits for research and development:

    		NO

    If yes, specify: Loans, Guarantees or Subsidies for Connectivity Infrastructure:

    		NO
    7. Is equal access available to shared or government owned infrastructure such as road, railways, water and power lines?YES
    8. Does the law in your country require its cable operators to provide open access for internet services?YES
    9. Does the law provide for unbundling and line sharing rules?YES
    10. What restrictions, if any, are placed on foreign ownership of foreign telecom operators?Other, Please Specify:

    If Other, Please Specify:

    		Prior approval of the Minister of the Economy is needed for the acquisition of a French company in the field of electronic communications as specified in the Montebourg Decree of May 14, 2014 and Article L151-1 et seq. of the French Monetary and Financial Code
    11. Does your country’s national broadband plan or policy set a performance target for minimum download speed Mbps?YES
    12. Does your country’s national broadband plan or policy set coverage targets?YES

    Population with Broadband

    		YES

    Population with Broadband Target % of Population

    		100%

    Businesses with Broadband

    		YES

    Businesses with Broadband Target % of Businesses

    		100%

    Schools with Broadband

    		YES

    Schools with Broadband Target % of schools

    		100%

    Rural Coverage

    		YES

    Rural Coverage Target % of rural population

    		100%

    Population with mobile internet

    		NO

    Population with mobile internet Target % of population

    		N/A

    PC ownership

    		NO

    PC ownership Target % of population

    		N/A

    Population with Digital Identity

    		NO

    Population with Digital Identity Target % of population

    		N/A

    E-Government

    		YES

    E-Government. Please Specify

    		French government launched its digital inclusion strategy

    Other

    		NO

    Other. Please Specify

    		N/A
    13. Are fiscal incentives in place to increase access to broadband?NO

    If yes, do the fiscal incentives include device (computer or mobile) subsidies:

    		NO

    If yes, do the fiscal incentives include broadband service subsidies:

    		NO

    If yes, do the fiscal incentives include rural broadband subsidies: 

    		NO
    14. Does your country’s broadband plan or program include the rollout of free, public access points? NO
    15. Can a broadband connection request be completed entirely online?YES
    16. A) How much time is required to obtain internet connection service? (Calendar days)12.5
    16. B) What is the average cost to request internet connection service? (USD)0
    17. What is the average price for a month of business broadband connection with at least 10 Mbps download speed with unlimited data usage? (USD)70
    18. Are there fees or penalties for switching broadband providers?YES

    Spectrum Managment

    19. Does your country assign spectrum on the basis of competitive auctions?YES

    If yes, please specify how the spectrum auction winners are primarily evaluated: Bid Price

    		YES

    If yes, please specify how the spectrum auction winners are primarily evaluated: Speed of Build-Out

    		YES

    If yes, please specify how the spectrum auction winners are primarily evaluated: Technology

    		YES
    20. Does your country have policies and regulations that allow the following practices for spectrum allocation?  

    Spectrum shortage evaluations:

    		YES

    Voluntary spectrum trading:

    		YES

    Voluntary spectrum leasing:

    		YES

    Spectrum caps:

    		YES

    Secondary markets for unlicensed spectrum (TVWS or other relevant frequency bands)?

    		NO

    Obtaining and Protecting Domain Names

    21. Which of the following are required to secure a country code top-level domain registration? 

    Trademark matching the domain name:  

    		NO

    Legal name of entity:

    		YES

    Local business registration:

    		NO

    Local business address:

    		YES

    Business owner must be a national or permanent resident:

    		NO
    22. Which of the following are considered legitimate reasons for denial of domain name registration? Check all that apply: 

    Type of domain name (.edu, .org) do not match type of entity

    		NO

    Attempt to divert consumers either for commercial gain or in an attempt to disrupt or disparage another entity

    		YES

    Financial gain without no intention to use the mark with the sale of goods or services (cyber-speculation)

    		NO

    Domain name holder has previously registered and sold domain names without intending to use them in connection with the sale of goods or services (cyber-squatting)

    		YES

    Provision of false information when applying for registration of domain name

    		YES
    23. Can a company transfer the domain name to a new registrant?YES
    24. Are there laws or regulations on the following? 

    Bad Faith in user registration:

    		YES

    Cyber-squatting:

    		YES

    Phishing, spam, or even distribution of malware:

    		YES
    25. Is an authority or regulator outside of the courts responsible for domain name disputes or complaints?YES
    26. A) How much time is required to secure a domain name? (Calendar days)0
    26. B) What is the cost to request domain name registration service? USD10

  • Individual Rights

    1. Under which conditions can e-commerce platforms lawfully process the computerized personal data of adult customers? 

    The customer has given consent for the processing of his or her personal data for one or more specific purposes

    		YES

    Processing is necessary for the performance of a contract to which the customer is party

    		YES

    Processing is necessary for compliance with a legal obligation to which the controller is subject

    		YES

    Processing is necessary to protect the vital interests of the customer

    		YES

    Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller

    		YES

    Processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party

    		YES
    2. What are the grounds under which e-commerce platforms can lawfully get their adult customers' consent when collecting their personal data? 

    There is no provision in the law that defines the concept of “consent”

    		NO

    Consent must be freely given 

    		YES

    Consent must be specific

    		YES

    Consent must be informed

    		YES

    Consent must be nonambiguous

    		YES

    Consent must be distinguishable from (or tied to) other matters

    		YES

    Consent must be obtained by a specific method

    		NO
    3. If an adult customer requests information on the processing of his or her personal data by an e-commerce platform firm and is ready to bear the cost of it, to what degree is an e-commerce platform obliged to provide it?
    		 

    There is no legal obligation

    		NO

    The customer can access all his or her personal data with no conditions

    		NO

    The customer can access some of his or her personal data with no conditions

    		NO

    The customer can access all or part of his or her personal data but only under certain conditions

    		YES

    4. If an adult customer requests the deletion of his or her personal data from an e-commerce platform, to what degree is the latter obliged to comply?

    		 

    There is no legal obligation

    		NO

    All personal data must be deleted (or erased) with no conditions

    		NO

    All personal data can be deleted (or erased) but only under certain conditions

    		YES

    Cross-border Data Flows

    5. To what degree are e-commerce platforms allowed to transfer the personal data of local customers to nondomestic third parties?

    		 

    Free with all countries

    		NO

    Free with certain countries with no conditions

    		YES

    Free with certain countries but subject to certain conditions

    		YES

    6. If one of the answers above is “Free with certain countries but subject to certain conditions,” what are the general conditions under which e-commerce platforms can transfer data trade to a nondomestic third party?

    		 

    Adequacy approach

    		YES

    Accountability approach

    		NO

    7. If subject to the adequacy approach, what circumstances constitute an “adequate level of protection” when transferring personal data to a third-party country?

    		 

    The nature of the personal data

    		YES

    The country of origin of the data

    		YES

    The third country in question

    		YES

    The purposes for which and period during which the data are to be processed

    		YES

    The law in force in the third country

    		YES

    The international obligations of the third country

    		NO

    Any relevant codes of conduct or other rules enforceable in the third country

    		NO

    Any security measures taken with respect to the data in the third country

    		YES

    Data Security and Enforcement

    8. Do data controllers/processors have to comply with a legal or regulatory framework on data privacy?   

    		YES

    9. Do data controllers/processors have to process differently nonsensitive and sensitive personal data?

    		YES
    10. Do e-commerce platforms, considered data controllers/processors, have to comply with any security requirements for automated personal data?
    		 

    Pseudonymization and encryption of personal data

    		YES

    Appointment of personal data processing manager

    		YES

    Adoption of an internal policy for establishing procedures for preventing and detecting violations

    		YES

    Performance of internal controls

    		YES

    Assessment of the harm that might be caused by a data breach

    		YES

    Awareness program among employees

    		NO
    11. Are e-commerce platforms that process personal monitored by a supervisory authority?
    		YES

    12. Do e-commerce platforms have to comply with administrative procedures established by the supervisory authority to lawfully process personal data?

    		 

    None: There is no administrative procedures to process personal data for marketing purposes

    		YES

    Notification of the supervisory authority

    		NO

    Registration through the supervisory authority

    		NO

    13. If yes, are fees applied by the supervisory authority?

    		NO

  • Logistics

    1. Is there (any type of) a de minimis threshold in your country?YES

    2. If yes, what is the threshold amount in local currency units (LCUs)—or in USD if stated in USD in the respective regulation?

    		150 EUR

    3. What is the threshold amount in USD?

    		169

    4. If applicable, what is the basis of the de minimis threshold for imported products?

    		Value of consignment

    5. If applicable, does the scope of the de minimis threshold cover exemption from customs duties?

    		YES

    6. Is there an import VAT/GST in your country?

    		YES

    7. If applicable, does the scope of the de minimis threshold cover an exemption from the VAT/GST?

    		N/A
    8. If the de minimis threshold does not cover the VAT is there a separate de minimis threshold for the VAT?
    		YES

    9. If there is a separate de minimis threshold for the VAT, what is the amount of the de minimis threshold for the VAT (local currency or as specified in regulation)?

    		22 EUR

    10. If there is a separate de minimis threshold for VAT, what is its basis?

    		Value of consignment

  • Licensing of Payment Service Providers (PSPs)

    1. According to the law, do PSPs have to establish at least one separate account with commercial banks to safeguard user funds?YES
    2. If yes, which of the following provisions are required for PSPs when managing the separate account(s)? Check all that apply: 

    Ensure all received funds are placed in a ring-fenced account at a commercial bank exclusively dedicated for this purpose as approved by the central bank

    		YES

    Ensure that the account balance is not at any time less than the outstanding balance owed to users

    		YES

    Do not use the funds to engage in any lending activity, including (but not limited to) the provision of credit and overdraft facilities

    		YES

    Do not invest user funds in any type of financial asset

    		NO

    Do not transfer user funds to another account used for other business activities

    		YES
    3. According to the law, do PSPs have to hold and account for user funds separately from any other funds they hold for other business purposes?communication services?YES
    4. According to the law, do PSPs have to ensure that user funds are covered by an insurance policy or a guarantee from a credit institution?YES

    5. According to the law, do PSPs have to seek for approval from the related authority before they intend to outsource any operational functions?

    		YES

    6. According to the law, do PSPs have to seek approval from the related authority before they outsource any operational functions? Check all that apply:

    		 

    Do not outsource any critical operational functions that would impair the quality of internal controls

    		YES

    Do not outsource any critical operational functions that would impair the ability of the related authority to monitor and enforce compliance of the regulation?

    		YES

    Ensure the outsourcing does not result in any delegation of compliance responsibilities of its senior management

    		YES

    Ensure compliance with AML/CFT (anti-money laundering/combating financing of terrorism) and cybercrime laws

    		YES

    Maintain the relationship and obligations of PSPs toward their users

    		YES

    Remain compliant with the legal and licensing requirements

    		YES

    Ensure the financial performance of PSPs

    		NO

    Ensure the soundness and continuity of the PSPs’ digital payment services.

    		YES

    Payment Authorization and Processing

    7. According to the law, do PSPs have a monthly load limit for a merchant through an issued payment instrument in your country?NO

    8. If yes, what is the load limit amount per month?

    		N/A

    9. According to the law, do PSPs have a single payment transaction limit for a merchant through an issued payment instrument in your country?

    		NO

    10. If yes, what is the transaction limit amount?

    		N/A

    11. What information must PSPs disclose to merchants upon the execution of a payment transaction? Check all that apply:

    		 

    A unique reference number enabling the payer/payee to identify the payment transaction

    		YES

    Payment transaction amount

    		YES

    Identity of the payer/payee

    		YES

    Date on which the payment order was placed

    		YES

    12. How long does it take for a merchant to receive online payments into its merchant account (i.e., settlement period)?

    		 

    Domestic e-commerce (real time)

    		NO

    Cross-border e-commerce (real time)

    		NO

    Domestic e-commerce (Calendar days)

    		1

    Cross-border e-commers (Calendar days)

    		3

    Security

    13. According to the law, do PSPs have to provide two-factor authentication using standards like 3D Secure?

    		NO

    14. According to the law, do PSPs and users (like Electronics Inc.) have to comply with the Payment Card Industry Data Security Standard (PCI DSS)?

    		YES

    15. According to the law, do PSPs and users (e.g., internet platforms) have to install Transport Layer Security (TLS) or its predecessor, Secure Sockets Layer (SSL), on their web page or internet browser?

    		NO

    16. Does the legal framework on chargebacks apply to the following situations? Check all that apply:

    		 

    Fraudulent transactions

    		YES

    Credit and service not processed

    		YES

    Goods not received

    		YES

    An error in the amount

    		YES
    17. Do PSPs set a maximum predetermined threshold of the monthly chargeback rate for a merchant?
    		NO

  • Consumer Protection

    1. Are merchants selling goods through an e-commerce platform legally mandated to comply with a legal framework on online consumer protection?YES
    2. Are merchants selling goods through an e-commerce platform legally mandated to comply with online information disclosure rules?
    		YES

    3. What information are merchants on an e-commerce platform legally mandated to disclose to consumers prior their online purchase?

    		 

    Full business address of the merchant

    		YES

    Identity of the merchant

    		YES

    Product information

    		YES

    Delivery information

    		YES

    Information about payment processes

    		YES

    Information about the existence of a right of withdrawal

    		YES

    Information about complaint handling

    		YES

    Information about the party bearing the cost of returning the goods in case of cancellation

    		YES

    Information on out-of-court complaint and redress mechanism

    		YES

    4. Are online information disclosure rules specified above applicable to mobile devices?

    		NO

    5. Is a domestic merchant selling a computer charger on an e-commerce platform legally mandated to comply with the following general rules related to the right of withdrawal for online purchases?

    		 

    Information duty

    		YES

    Absence of reason

    		YES

    Withdrawal period

    		YES

    6. What is the period (in number of days) during which the customer of an e-commerce platform can withdraw (cancel) its purchase without any penalties and without giving any reason (so-called cooling-off period), if applicable?

    		14

    7. In a dispute between a domestic customer and a domestic merchant about a low-value sale, is an alternative dispute resolution (ADR) mechanism or online dispute resolution (ODR) platform legally available for the domestic consumer acting individually?

    		 

    ADR mechanism

    		YES

    ODR platform

    		YES

    8. If an ODR platform is available, is the domestic merchant legally mandated to disclose the name of the ODR provider to his or her customer prior to purchase?

    		YES

    9. Is there a maximum time period during which the dispute must be resolved in ODR with a merchant on an e-commerce platform?

    		YES

    10. If yes, please specify the time period (Calendar days)

    		90

    11. Are merchants on an e-commerce platform legally mandated to comply with redress rules for the online purchase of goods?

    		YES

    12. What types of remedies are legally enforced for the online purchase of goods?

    		 

    Price reduction

    		YES

    Refund

    		YES

    Repair

    		YES

    Replacement

    		YES

    Intermediary Liability

    13. Are e-commerce platforms considered internet intermediaries in your jurisdiction?

    		YES

    14. If yes, what is the definition of an internet intermediary in your jurisdiction?

    		 

    Mere conduit

    		YES

    Caching provider

    		YES

    Hosting provider

    		YES

    15. If e-commerce platforms are considered as internet intermediaries, does the law provide for their liability status regarding content infringing local intellectual property laws posted by third parties on its website?

    		 

    Immune

    		NO

    Partially liable

    		YES

    Fully liable

    		NO
    16. If partially liable, please provide the conditions under which an e-commerce platform may not be liable for infringing content: 

    It has no actual knowledge of the infringing content

    		YES

    It is not aware of facts that would indicate a likelihood of liability in respect of material on infringing content

    		YES

    It removes or disables access to the infringing content expeditiously when it has actual knowledge or becomes aware of a likelihood of liability

    		YES

    It does not initiate the transmission of the infringing content

    		NO

    It does not select the addressee of the content

    		NO

    It performs the functions in an automatic

    		NO

    It does not modify the electronic record of the infringing content contained in the transmission

    		NO

    E-Signature

    17. Does the law grant electronic signatures the same legal status as handwritten contracts? 

    E-signature

    		YES

    Digital signature (need for a public key)

    		YES
    18. Does the use of a specific technology (e.g. PKI) grant additional legal benefits in terms of the legal recognition of the digital signature (e.g. validity in terms of burden of proof)?YES
    19. Does the signature have to be certified by a certification authority to be recognized as having full validity?
    		YES
    20. Does a certification authority need a license to operate?
    		YES

RELATED

→ Methodology: What are measured under the Digital Business Indicators?

→ Data: download full dataset

→ Research: A policy paper providing the first analysis of the Digital Business Indicators and laying out other key policy and regulatory issues around digital businesses 

→ Contributors: A list of experts and institutions contributed to data collection

→ Acknowledgement

→ DBI Main Page

Experts

Image

Rita Ramalho

Lead Economist, Public Institutions Data and Analytics

and...

Photo of Rong Chen

Rong Chen

Economist, Global Indicators Group