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LAW n ° 2016-1321 of October 7, 2016 for a French
digital (1)
Data last update for this text: December 09, 2020
NOR: ECFI1524250L
JORF n ° 0235 of October 8, 2016
Version in force on 06 June 2021

The National Assembly and the Senate have adopted,
The President of the Republic promulgates the law, the content of which follows:

Title I: THE CIRCULATION OF DATA AND KNOWLEDGE (Articles 1 to 39)
Chapter I: Data economy (Articles 1 to 29)
Section 1: Opening of access to public data (Articles 1 to 16)
Article 1
I. - Subject to articles L. 311-5 and L. 311-6 of the code of relations between the
public and the administration and without prejudice to article L. 114-8 of the same code,
administrations mentioned in the first paragraph of article L. 300-2 of the said code
are required to communicate, in accordance with Law No. 78-17 of 6 January 1978
relating to data processing, files and freedoms, administrative documents
that they hold in the other administrations mentioned in the same first
paragraph of Article L. 300-2 who request it for the fulfillment of their
public service missions.
Information contained in administrative documents communicated or
published may be used by any administration mentioned in the first
paragraph of Article L. 300-2 who so wishes for the purpose of accomplishing
public service missions other than that for the needs of which the
documents have been produced or received.
As of January 1, 2017, the exchange of public information between
State administrations, between State administrations and their establishments
administrative authorities and between the aforementioned public establishments, for the purposes of

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the exercise of their public service missions, cannot give rise to the payment
of a royalty.
II. - Modified the following provisions:
- Code of relations between the public and the administration
Art. L342-2

III. - Title I of Book III of the Code of Relations between the Public and the Administration
is applicable to requests for communication of administrative documents
exercised in application of I of this article.

Article 2
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L300-2 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L311-5 (V)
Article 3
Modified the following provisions
● Creates Code of relations between the public and the administrators ... - art. L300-4 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L311-1 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L311-9 (V)
Article 4
Modified the following provisions
● Creates Code of relations between the public and the administrators ... - art. L311-3-1 (V)
Article 5
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L312-1 (V)
Article 6
I.-Modified the following provisions:

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-Code of relations between the public and the administration
Art. L311-6
II.-Created the following provisions:
-Code of relations between the public and the administration
Art. L312-1-1, Art. L312-1-2, Art. L312-1-3
III.-A decree in the Council of State, taken after opinion of the commission mentioned in
article L. 340-1 of the code of relations between the public and the administration, defines the
terms of application of Articles L. 312-1 to L. 312-1-3 of the same code
IV.-Has repealed the following provisions:
-General code of local and regional authorities
Section 3: Transparency of local authority data Art.
L1112-23
Modified the following provisions:
-General code of local and regional authorities
Art. L1821-1
Art. L1453-1
V.-Has repealed the following provisions:
-Code of the municipalities of New Caledonia
Section 3: Transparency of municipal data Art. L125-12
VI.-Modified the following provisions:
-Code of relations between the public and the administration
Art. L321-2
VII.-Modified the following provisions:
-Code of relations between the public and the administration
Art. L322-2
VIII.-Modified the following provisions:

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-Public health code
Art. L1453-1
Article 7
Modified the following provisions
● Amends Environmental Code - art. L541-10 (M)
Article 8

I. - Modified the following provisions:
- Code of relations between the public and the administration
Art. L311-4
II. - The online publication provided for in Articles L. 312-1-1 and L. 312-1-3 of the Relations Code
between the public and the administration is carried out:

1 ° Six months after the promulgation of this law, for the documents mentioned in 1 ° of
Article L. 312-1-1;

2 ° One year after the promulgation of this law, for the documents mentioned in 2 ° of
same article L. 312-1-1;

3 ° On a date fixed by decree, and no later than two years after the promulgation of this law,
for all other documents falling within the scope of the same articles
L. 312-1-1 and L. 312-1-3
Article 9
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L321-1 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L321-2 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L322-6 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L324-1 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L325-7 (V)

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Article 10
Modified the following provisions
● Creates Code of relations between the public and the administrators ... - art. L300-3 (V)
Article 11
Modified the following provisions
● Created Code of relations between the public and the administrators ... - art. L321-3 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L323-2 (V)
Article 12

I. - Created the following provisions:
- Code of relations between the public and the administration
Art. L324-6
Modified the following provisions:
- Code of relations between the public and the administration
Art. L324-4

II. - Point 2 of I of this article comes into force on January 1, 2017.
Article 13
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L322-6 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L326-1 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L341-1 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L342-1 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L342-3 (V)
● Creates Code of relations between the public and the administrators ... - art. L342-4 (V)
Article 14

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I. - Created the following provisions:
- Code of relations between the public and the administration
Art. L321-4

II. - Section I of this article comes into force on the date of publication of the decree mentioned in III
of article L. 321-4 of the code of relations between the public and the administration and, at the latest, six
months after the promulgation of this law.
Article 15
Modified the following provisions
● Amends Law n ° 86-1067 of September 30, 1986 - art. 13 (V)
Article 16

The administrations mentioned in the first paragraph of article L. 300-2 of the code
relations between the public and the administration ensure the preservation of control,
sustainability and independence of their information systems.
They encourage the use of free software and open formats when developing
development, purchase or use of all or part of these systems
of information. They encourage the migration of all the components of
these information systems to the IPV6 protocol, subject to their
compatibility, effective January 1, 2018.
Section 2: Data of general interest (Articles 17 to 24)
Article 17
Modified the following provisions
● Creates Ordinance No. 2016-65 of January 29, 2016 - art. 53-1 (VT)
● Modifies Ordinance No. 2016-65 of January 29, 2016 - art. 78 (VT)
Article 18
Modified the following provisions
● Amends Law n ° 2000-321 of April 12, 2000 - art. 10 (V)
● Repeals Law n ° 2006-586 of May 23, 2006 - art. 22 (Ab)

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● Modifies the Code of Municipalities of New Caledonia - art. L212-4 (V)
● Modifies the General Code of Local Authorities - art. L3661-16 (V)
● Modifies the General Code of Local Authorities - art. L4313-3 (V)
● Modifies the General Code of Local Authorities - art. L5217-10-15 (V)
● Modifies the General Code of Local Authorities - art. L71-111-15 (V)
● Modifies the General Code of Local Authorities - art. L72-101-15 (V)
Article 19
Modified the following provisions
● Amends Law n ° 51-711 of June 7, 1951 - art. 3 (V)
● Creates Law n ° 51-711 of June 7, 1951 - art. 3a (V)
Article 20
Modified the following provisions
● Amends Code of Administrative Justice - art. L10 (M)
Article 21
Modified the following provisions
● Created Code of judicial organization - art. L111-13 (M)
Article 22
I. - Created the following provisions:
- Highway code
Art. L119-1-1
- Code of judicial organization
Art. L111-13
II. - The third paragraph of Article L. 119-1-1 of the Highway Road Code comes into effect
in force on January 1, 2018 as it concerns local authorities and
their groupings.
Article 23
Modified the following provisions
● Creates the Energy Code - art. L111-73-1 (V)
● Creates the Energy Code - art. L111-77-1 (V)

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Article 24

I. - amended the following provisions:
- Book of tax procedures
Art. L135 B, Art. L107 B, Art. L135 J

II. - The I of this article comes into force on the first day of the seventh month following the
publication of this law.
Section 3: Governance (Articles 25 to 29)
Article 25
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 13 (M)
Article 26
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 15a (V)
Article 27
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L341-1 (M)
Article 28
Modified the following provisions
● Creates Code of relations between the public and the administrators ... - art. L341-2 (V)
Article 29

The Government submits to Parliament, within three months of
the promulgation of this law, a report on the possibility of creating a
Digital Sovereignty Commission attached to the Prime Minister's services

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Minister, whose missions contribute to the exercise, in cyberspace, of the
national sovereignty and individual and collective rights and freedoms that the
Republic protects. This report specifies the necessary resources and organization
the functioning of the Digital Sovereignty Commission.
Chapter II: Knowledge economy (Articles 30 to 39)
Article 30
Modified the following provisions
● Created Search Code - art. L533-4 (V)
Article 31
Modified the following provisions
● Amends Education Code - art. L611-8 (V)
Article 32
Modified the following provisions
● Modifies the General Tax Code, CGI. - art. 1042 B (V)
● Amends Education Code - art. L822-1 (V)
Article 33

The Government submits to Parliament, no later than two years after promulgation
of this law, a report which assesses the effects of Article L. 533-4 of the Code of
research on the scientific publishing market and on the circulation of ideas and
French scientific data.
Article 34
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 22 (M)
● Amends Law n ° 78-17 of January 6, 1978 - art. 25 (Ab)
● Amends Law n ° 78-17 of January 6, 1978 - art. 27 (M)
● Amends Law n ° 78-17 of January 6, 1978 - art. 71 (M)
Article 35
Modified the following provisions

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● Amends Law n ° 78-17 of January 6, 1978 - art. 27 (M)
Article 36
Modified the following provisions
● Amends Heritage Code - art. L213-3 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L311-8 (M)
Article 37
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 8 (M)
Article 38
Modified the following provisions
● Modifies the Intellectual Property Code - art. L122-5 (M)
● Modifies the Intellectual Property Code - art. L342-3 (V)
Article 39
Modified the following provisions
● Modifies the Intellectual Property Code - art. L122-5 (M)

Title II: THE PROTECTION OF RIGHTS IN THE DIGITAL SOCIETY
(Articles 40 to 68)
Chapter I: Open environment (Articles 40 to 53)
Section 1: Internet neutrality (Articles 40 to 47)
Article 40
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L32-1 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L32-4 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L33-1 (V)
● Modifies the Postal and Electronic Communications Code ... - art. L36-11 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L36-7 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L36-8 (M)
Article 41

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Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L33-1 (V)
Article 43
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L32-4 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L32-5 (V)
● Modifies the Postal and Electronic Communications Code ... - art. L40 (M)
Article 44

I. - Modified the following provisions:
- Post and electronic communications code
Art. L125
II. - Point 1 of I of this article comes into force from the next renewal of
members of the committee mentioned in the first paragraph of Article L. 125 of the Postal Code
and electronic communications.

Article 45
Modified the following provisions
● Amends Law n ° 90-568 of July 2, 1990 - art. 38 (V)
● Amends Law n ° 90-568 of July 2, 1990 - art. 6 (V)
● Modifies the Postal and Electronic Communications Code ... - art. L125 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L131 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L135 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L2 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L2-2 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L33-2 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L34 (V)
● Modifies the Postal and Electronic Communications Code ... - art. L35-1 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L35-2 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L35-3 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L35-4 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L44 (M)

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Article 46
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L130 (M)
Article 47
Modified the following provisions
● Created Defense Code. - art. L2321-4 (V)
Section 2: Portability and data recovery (Article 48)
Article 48

Modified by LAW n ° 2018-493 of June 20, 2018 - art. 33
I. - Created the following provisions:
- Consumer Code
Sct. Sub-section 4: Data recovery and portability, Art.
L224-42-1, Art. L224-42-2, Art. L224-42-3, Art. L224-42-4, Art. L242-20

II.- (Repealed)
Section 3: Loyalty of platforms and consumer information (Articles
49 to 53)
Article 49
I.-Modified the following provisions:
-Consumption code
Art. L111-7, Art. L131-4
Repealed the following provisions:
-Consumption code
Art. L111-6, Art. L131-3

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II.-From the entry into force of the regulatory measures necessary for the application of
Article L. 111-7 of the Consumer Code, in its wording resulting from 1 ° of I of this present
article, articles L. 111-6 and L. 131-3 of the same code are repealed.
Article 50
Modified the following provisions
● Created the Consumer Code - art. L111-7-1 (V)
Article 51
Modified the following provisions
● Modifies Tourism Code. - art. L324-1-1 (M)
● Modifies Tourism Code. - art. L324-2 (M)
● Modifies Tourism Code. - art. L324-2-1 (M)
Article 52
Modified the following provisions
● Created the Consumer Code - art. L111-7-2 (V)
● Modifies the Consumer Code - art. L131-4 (M)
Article 53
I. - Modified the following provisions:
- Consumer Code
Art. L224-30

II. - Article L. 224-30 of the Consumer Code, in its wording resulting from I, is
applicable to contracts concluded or renewed after the publication of this law.
Chapter II: Protection of online privacy (Articles 54 to 68)
Section 1: Protection of personal data (Articles 54 to 67)
Article 54
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 1 (V)

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Article 55
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 31 (M)
Article 56
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 58 (M)
Article 57
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 32 (M)
Article 58
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 43 bis (VT)
● Repeals Law n ° 78-17 of January 6, 1978 - art. 43 bis (VT)
● Modifies the Code of relations between the public and the administrators ... - art. L112-10 (VD)
● Modifies the Code of relations between the public and the administrators ... - art. L112-10 (VT)
Article 59
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 11 (M)
Article 60
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 11 (M)
Article 61
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 11 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L135 (M)
Article 62

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Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 36 (M)
Article 63
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 32 (M)
● Amends Law n ° 78-17 of January 6, 1978 - art. 40 (M)
● Amends Law n ° 78-17 of January 6, 1978 - art. 40-1 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 67 (M)
Article 64
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 45 (M)
● Amends Law n ° 78-17 of January 6, 1978 - art. 46 (M)
● Amends Criminal Code - art. 226-16 (M)
Article 66
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 49 bis (T)
Article 67
Modified the following provisions
● Creates the Penal Code - art. 226-2-1 (V)
● Amends Criminal Code - art. 226-6 (V)
Section 2: Confidentiality of private electronic correspondence (Article
68)
Article 68
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L32 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L32-3 (M)

Title III: DIGITAL ACCESS (Articles 69 to 109)
Chapter I: Digital and territories (Articles 69 to 85)

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Section 1: Competences and organization (Articles 69 to 71)
Article 69
Modified the following provisions
● Modifies the General Code of Local Authorities - art. L1425-2 (M)
● Modifies the General Code of Local Authorities - art. L5219-1 (M)
Article 70
Modified the following provisions
● Modifies the General Code of Local Authorities - art. L1425-1 (M)
Article 71
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L33-11 (M)
Section 2: Digital Coverage (Articles 72 to 85)
Article 72
Modified the following provisions
● Modifies the General Code of Local Authorities - art. L1615-7 (VT)
Article 73
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L48 (M)
Article 74
Modified the following provisions
● Amends Law n ° 65-557 of July 10, 1965 - art. 24-2 (M)
Article 75
I. - Modified the following provisions:
- General Tax Code, CGI.
Art. 39 years

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II. - The B of I applies to goods acquired, manufactured or leased or rented with
purchase option by cooperatives as of April 26, 2016
Article 76

When local authorities cede permanent, irrevocable rights
and exclusive of long-term use of communications networks
electronic, they can be counted, in full, in the year of their
collection, in the investment section.
When local authorities acquire permanent rights,
irrevocable and exclusive of long-term use of communications networks
electronic, these can be counted in the investment section.
Article 77
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L34-8-3 (M)
Article 78
Modified the following provisions
● Created the Post and Electronic Communications Code ... - art. L33-13 (M)
Article 79
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L36-11 (M)
Article 80
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L36-7 (M)
Article 81
Modified the following provisions
● Amends Law n ° 2004-575 of June 21, 2004 - art. 52-1 (M)
Article 82

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Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L33-12 (M)
Article 83
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L42-2 (M)
Article 84
Modified the following provisions
● Created the General Code of the Property of Public Persons ... - Section 4: Provisions
specific to services ... (V)
● Creates the General Code of the Property of Public Persons ... - art. L2125-10 (V)
Article 85
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L35 (M)
● Created the Post and Electronic Communications Code ... - art. L35-7 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L36-11 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L47 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L48 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L51 (M)
Chapter II: Facilitation of uses (Articles 86 to 104)
Article 86

I. - Created the following provisions:
- Post and electronic communications code
Art. L136

II. - Under the conditions provided for in article 38 of the Constitution, the Government is authorized to
take by prescription:

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1 ° Any measure falling within the scope of the law in order to facilitate the use of the
electronic identification process defined in Article L. 136 of the Postal and
electronic communications by the data subject to prove their identity and to
communicate or receive information or documents requested or issued by the
public authorities or in the context of commercial transactions or exchanges between
individuals and professionals;

2 ° Any measure falling within the scope of the law in order to adapt the existing legal framework having
for the purpose of or relating to electronic identification and trust services through
electronic with regard to the provisions of Regulation (EU) No 910/2014 of the European Parliament
and of the Council of 23 July 2014 on electronic identification and trust services for
electronic transactions within the internal market and repealing Directive 1999/93 / EC.

These ordinances are taken within twelve months of the promulgation of the
this law. A ratification bill is tabled in Parliament within
three months from the publication of each order.
Article 87
Modified the following provisions
● Created the Consumer Code - Sub-section 5: Name of number safe ... (V)
● Created the Consumer Code - art. L122-22 (M)
● Created the Post and Electronic Communications Code ... - art. L137 (T)
Article 88

I and II. - amended the following provisions:
- Consumer Code
Art. L224-54
- LAW n ° 2014-344 of March 17, 2014
Art. 145

III. - Article L. 224-54 of the Consumer Code, in its wording resulting from I of this present
article, comes into force six months after the promulgation of this law.

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Article 89
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L112-11 (V)
Article 90
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L113-13 (V)
Article 91
Modified the following provisions
● Modifies the Code of relations between the public and the administrators ... - art. L114-8 (V)
Article 92
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L42-1 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L44 (M)
Section 1: Electronic registered (Article 93)
Article 93
Modified the following provisions
● Amends Civil Code - art. 1127-4 (V)
● Repeals Civil Code - art. 1127-5 (Ab)
● Civil Code transfer - art. 1127-6 (T)
● Modifies the Postal and Electronic Communications Code ... - BOOK III: Other services,
common provisions ... (V)
● Modifies the Postal and Electronic Communications Code ... - TITLE II: Provisions
municipalities (V)
● Modifies the Postal and Electronic Communications Code ... - TITLE III: Provisions
finals. (V)
● Created the Postal and Electronic Communications Code ... - TITLE I: Other services
(V)
● Created the Post and Electronic Communications Code ... - art. L100 (V)
● Created the Post and Electronic Communications Code ... - art. L101 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L112-15 (V)

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Section 2: Provision of payment services under the exclusion of
authorization request applicable to certain payment instruments (Article 94)
Article 94
Modified the following provisions
● Amends Monetary and Financial Code - art. L311-4 (V)
● Amends Monetary and Financial Code - art. L521-3 (M)
● Creates the Monetary and Financial Code - art. L521-3-1 (V)
● Amends Monetary and Financial Code - art. L525-6 (M)
● Creates the Monetary and Financial Code - art. L525-6-1 (M)
● Amends Monetary and Financial Code - art. L526-11 (V)
Section 3: Regulation of online games (Articles 95 to 100)
Article 95
Modified the following provisions
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 14 (V)
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 34 (M)
Article 96
Modified the following provisions
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 26 (VT)
Article 97
Modified the following provisions
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 61 (V)
Article 98
Modified the following provisions
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 34 (M)
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 38 (V)
Article 99
Modified the following provisions
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 35 (M)
● Creates LAW n ° 2010-476 of May 12, 2010 - art. 45-1 (V)

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● Creates LAW n ° 2010-476 of May 12, 2010 - art. 45-2 (V)
Article 100
Modified the following provisions
● Modifies LAW n ° 2010-476 of May 12, 2010 - art. 61 (V)
Section 4: Video game competitions (Articles 101 to 102)
Article 101
Modified the following provisions
● Amends Labor Code - art. L7124-1 (V)
● Created the Internal Security Code - Chapter I bis: Video game competitions (V)
● Creates the Internal Security Code - art. L321-10 (V)
● Creates the Internal Security Code - art. L321-11 (V)
● Creates the Internal Security Code - art. L321-8 (V)
● Creates the Internal Security Code - art. L321-9 (V)
Article 102

Amended by Ordinance No. 2017-1718 of December 20, 2017 - art. 3 (V)
I.- The salaried professional competitive video game player is defined as any
person whose remunerated activity is participation in gambling competitions
video in a legal relationship of subordination with an association or a company
approved by the minister responsible for digital technology, specified by way of
regulatory.
II.-The labor code is applicable to salaried professional video game player
competitive, with the exception of Articles L. 1221-2, L. 1242-1 to L. 1242-3, L. 1242-5,
L. 1242-7 L. 1242-8, L. 1242-8-1, L. 1242-12, L. 1242-17, L. 1243-8 to L. 1243-10,
L. 1243-13, L. 1243-13-1, L. 1244-3 to L. 1245-1, L. 1246-1 and L. 1248-1 to L.
1248-11 relating to the fixed-term employment contract.
III.-Any contract by which an association or a company benefiting from
the approval provided for in I of this article ensures, in return for remuneration, the
competition of a player mentioned in the same I is a long-term employment contract
determined.
IV.-The duration of the employment contract mentioned in III cannot be less than the
duration of a competitive video game season of twelve months.

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However, a contract concluded during the video game competition season may
have a duration of less than twelve months, under conditions specified by way of
regulatory:
1 ° As soon as it runs at least until the end of the video game season;
2 ° If it is concluded to ensure the replacement of a professional gaming player
video in case of absence of the professional player or suspension of his contract
of work.
The procedures for determining the start and end dates of the playing seasons
video are specified by regulation.
The duration of the employment contract mentioned in III cannot exceed five years.
The maximum duration mentioned in the penultimate paragraph of this IV does not exclude
the renewal of the contract or the conclusion of a new contract with the same
employer.
V.-The fixed-term employment contract is drawn up in writing in at least three
copies and mentions the rights and obligations provided for in I to VIII of this
article.
It also includes:
1 ° The identity and address of the parties;
2 ° The date of hiring and the duration for which it is concluded;
3 ° The designation of the job held and the activities in which the employee participates
;
4 ° The amount of the remuneration and its various components, including
bonuses and salary accessories, if any;
5 ° The names and addresses of the supplementary pension funds and
provident fund and the body providing complementary health cover;
6 ° The title of the applicable collective agreements or agreements.
The fixed-term employment contract is transmitted by the employer to the player
competitive video game professional no later than two working days after
hiring.
VI.-The pure and simple unilateral termination clauses of the long-term employment contract
determined of the salaried professional competitive video game player are null and void and
of no effect.

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VII.- Any contract concluded in disregard of the
substantive and formal rules provided for in II to V of this article.
Failure to recognize the substantive and formal rules provided for in III, IV and
first paragraph of V is punished with a fine of € 3,750. In the event of a recurrence, the
penalty is increased to six months imprisonment and a € 7,500 fine.
VIII.-Throughout the execution of the fixed-term employment contract of a
professional competitive video game player, the association or company benefiting from
of the approval provided for in I of this article which employs it offers the player
salaried professional in preparation and training conditions
equivalent to those of other professional players employed by the association
or society.
Section 5: Simplification of real estate sales (Articles 103 to 104)
Article 103

I.- Under the conditions provided for in article 38 of the Constitution, the Government
is authorized to take by ordinance any measure falling within the scope of the law
in order to promote dematerialization by developing the sending of
documents by electronic means, the use of electronic signatures and
electronic registered letter in relations between:
1 ° The principals and their agents within the framework of the exercise of the activities
mediation and management of buildings and regulated businesses
by law n ° 70-9 of January 2, 1970 regulating the conditions for the exercise of
activities relating to certain transactions relating to buildings and investment funds
trade ;
2 ° Lessors and tenants of real estate or business assets;
3 ° Sellers and purchasers for deeds under private signature noting
transactions relating to buildings, businesses or shares
non-negotiable social security assets when the corporate assets include a building or a fund
of business ;
4 ° The diagnosticians and their clients in the performance of their missions;
5 ° Persons subject to Law No. 65-557 of July 10, 1965 establishing the status of
joint ownership of built buildings.
II.-The ordinance provided for in I of this article is taken within one year of
from the promulgation of this law.

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A ratification bill is tabled in Parliament within
five months from the publication of the order.
Article 104

I. - Under the conditions provided for in article 38 of the Constitution, the Government
is authorized to take by ordinance the measures falling within the field of the law
allowing, by dematerialized means on a durable support and accessible to the customer,
to deliver, provide, make available or communicate information or
documents relating to a contract governed by the Monetary and Financial Code, the Code of
insurance, the mutual insurance code, title III of book IX of the security code
social security or Book III of the Consumer Code, as well as to conclude or
modify these contracts, if necessary via an electronic signature, these supports
paperless documents replacing written documents on paper, while
guaranteeing the customer at least equivalent protection.
II. - The ordinance provided for in I of this article is taken within one year of
from the promulgation of this law.
A ratification bill is tabled in Parliament within
five months from the promulgation of the ordinance.
Chapter III: Access of fragile audiences to digital technology (Articles 105 to 109)
Section 1: Access of people with disabilities to telephone services
(Article 105)
Article 105
I to III. - Modified the following provisions:
- Post and electronic communications code
Art. L33-1
- Law n ° 2005-102 of February 11, 2005
Art. 78
Created the following provisions:
- Consumer Code
Art. L112-8

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IV. - The implementation of p of I of article L. 33-1 of the postal and communications code
electronic, of article 78 of the law n ° 2005-102 of February 11, 2005 for the equal rights and
opportunities, participation and citizenship of people with disabilities and Article L.
112-8 of the Consumer Code is based in particular on the creation of a group
inter-professional including in particular electronic communications operators,
whose purpose is to ensure the organization, operation and management of services
telephone accessibility thanks to a pooling of costs, according to defined methods
by the decree mentioned in VII of this article and under the control of the Regulatory Authority
electronic communications and posts.
The translation services mentioned in p of I of Article L. 33-1 of the Code of
postal and electronic communications, in article 78 of law n ° 2005-102
of February 11, 2005 and in Article L. 112-8 of the Consumer Code
ensure, in simultaneous mode and at the request of the user, the interpretation between
French and French sign language, written transcription and coding in
spoken language completed.
Accessibility of reception services mentioned in article 78 of law no.
2005-102 of 11 February 2005 mentioned above and in article L. 112-8 of the code of
consumption can be carried out directly by telephone advisers
professionals mastering French sign language, written transcription or
spoken language coding completed and for which the diplomas and qualifications are
specified by the decree mentioned in VII of this article.
V. - At the latest ten years after the promulgation of this law, and according to
terms defined by the decree provided for in VII, the translation service mentioned
at p of I of article L. 33-1 of the postal and communications code
electronic works twenty-four hours a day, every day of
the year, the translation service mentioned in article 78 of law n ° 2005-102 of
February 11, 2005 above operates during opening hours of reception services
telephone concerned and the translation service mentioned in Article L. 112-8 of
consumer code operates during service opening hours
clients.
VI. - The implementation of p of I of Article L. 33-1 of the Postal and
electronic communications, of article 78 of law n ° 2005-102 of 11 February
2005 cited above and Article L. 112-8 of the Consumer Code can be based
on electronic communications applications allowing vocalization
text, voice-to-text transcription, translation into and from language
French signs or transcription in and from spoken language completed.
This implementation cannot replace the simultaneous translation service.
written and visual mentioned in p of I of article L. 33-1 of the postal code and
of electronic communications, in article 78 of law n ° 2005-102 of 11

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February 2005 mentioned above and in Article L. 112-8 of the Consumer Code only at the
condition to guarantee accessibility of equivalent quality and to offer the same
translation conditions for deaf, hard of hearing, deafblind people
and aphasic.
VII. - The I and II come into force in accordance with the terms and on a date provided for by
decree and, at the latest, five years after the promulgation of this law. The III
enters into force on a date fixed by decree and, at the latest, two years after the
promulgation of this law. This decree also specifies the modalities of
monitoring the application of this article and the diplomas and qualifications required for
professionals involved in simultaneous accessibility of calls.
VIII. - Within six months of the promulgation of this law,
the Government presents a business plan aimed at developing training
leading to the specialized professions necessary for the implementation of the
this article.
Section 2: Access for people with disabilities to public websites
(Articles 106 to 107)
Article 106
Modified the following provisions
● Amends Law n ° 83-634 of July 13, 1983 - art. 6 sexies (M)
● Amends Law n ° 2005-102 of February 11, 2005 - art. 47 (M)
● Modifies the Construction and Housing Code. - art. L111-7-12 (Ab)
Article 107

I. to VIII.-A modified the following provisions:
-General tax code, CGI.
Art. 168, Art. 195, Art. 196 A bis, Art. 1011 bis, Art. 1011 ter, Art. 1411
Modified the following provisions:
-Law n ° 87-588 of July 30, 1987
Art. 88
Modified the following provisions:
-Public health code

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Art. L4321-3
-Transport code
Art. L1112-8
Modified the following provisions:
-Labour code applicable to Mayotte.
Art. L328-18
Modified the following provisions:
-General code of local and regional authorities
Art. L2213-2
Modified the following provisions:
-General tax code, CGI.
Art. 150 U, Art. 244 quater J
Modified the following provisions:
-Labor Code
Art. L5212-13
Modified the following provisions:
-Code of social action and families
Art. L146-3, Art. L146-4, Art. L241-3, Art. L241-6, Art. L542-4
Repealed the following provisions:
-Code of social action and families
Art. L241-3-1, Art. L241-3-2
IX.-Disability, priority and parking cards issued in application of articles L.
241-3 to L. 241-3-2 of the Social Action and Families Code, in their wording prior to
this law, remain valid until their expiry date and, at the latest, until 31
December 2026. Holders of these cards can apply for a “mobility inclusion” card
before this date. This card replaces the cards issued previously.

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X.-This article comes into force on January 1, 2017. As a transitional measure, the cards
disability, priority and parking can be granted, as needed,
until July 1, 2017. Articles L. 241-3 to L. 241-3-2 of the Code of Social Action and
families, in their wording prior to this law, remain applicable to cases
mentioned in the second sentence of this paragraph until the same date.

Card applications under examination on the date of entry into force of this article
give rise to the issue of the “mobility inclusion” card as soon as the conditions are met.
fulfilled.
Section 3: Maintaining internet connection (Articles 108 to 109)
Article 108
Modified the following provisions
● Amends Law n ° 90-449 of May 31, 1990 - art. 6 (M)
● Amends Law n ° 90-449 of May 31, 1990 - art. 6-1 (M)
● Amends Law n ° 90-449 of May 31, 1990 - art. 6-3 (V)
● Modifies the Code of social action and families - art. L115-3 (VT)
Article 109
Modified the following provisions
● Amends Labor Code - art. L6111-2 (M)
● Amends Labor Code - art. L6321-1 (V)

Title IV: PROVISIONS RELATING TO OVERSEAS (Articles 110 to 113)
Article 110

I. - I and III of article 1, II of article 12, articles 15, 17 and 18, III of article
64 and articles 67 and 94 of this law are applicable in New Caledonia.
II. - I and III of article 1, II of article 12, articles 15, 17 and 18, III of article
64 and articles 67 and 94 of this law are applicable in French Polynesia.
III. - I and III of article 1, II of article 8, II of article 12, II of article 14,
article 15, article 17, I of article 18, article 19, II of article 36, article 39, the

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Articles 48, 49, 50, 52, 53, 67 and 94 of this law are applicable in the islands
Wallis and futuna.
IV. - I and III of article 1, II of article 12 and articles 15, 17 and 94 of the
this law is applicable in the French Southern and Antarctic Territories.
Article 111
Modified the following provisions
● Modifies the Postal and Electronic Communications Code ... - art. L34-10 (M)
Article 112
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 72 (M)
● Modifies the Postal and Electronic Communications Code ... - art. L32-3 (M)
● Modifies Research Code - art. L545-1 (M)
● Amends Education Code - art. L681-1 (M)
● Amends Education Code - art. L683-1 (M)
● Amends Education Code - art. L684-1 (M)
● Modifies Defense Code. - art. L2441-1 (M)
● Modifies Defense Code. - art. L2451-1 (M)
● Modifies Defense Code. - art. L2461-1 (M)
● Modifies Defense Code. - art. L2471-1 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L552-15 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L552-3 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L552-8 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L553-2 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L562-16 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L562-3 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L562-8 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L563-2 (V)
● Modifies the Code of relations between the public and the administrators ... - art. L572-1 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L574-1 (M)
● Modifies the Code of relations between the public and the administrators ... - art. L574-5 (V)
Article 113
Repealed the following provisions:
- LAW n ° 78-753 of July 17, 1978
Art. 59

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Modified the following provisions:
- Law n ° 2000-321 of April 12, 2000
Art. 41
This law will be executed as state law.
Done in Paris, October 7, 2016.
Francois Hollande
By the President of the Republic:
The Prime Minister,
Manuel Valls
The Minister of National Education, Higher Education and Research,
Najat Vallaud-Belkacem
The Minister of Economy and Finance,
Michel Sapin
The Minister of Social Affairs and Health,
Marisol Touraine
The Keeper of the Seals, Minister of Justice,
Jean-Jacques Urvoas
The Minister of Labor, Employment, Vocational Training and Social Dialogue,
Myriam El Khomri
The minister of the Interior,
Bernard Cazeneuve
The Minister of Housing and Sustainable Habitat,
Emmanuelle Cosse
The Minister of Culture and Communication,

Page 32

Audrey Azoulay
The Secretary of State in charge of digital and innovation
Axelle Lemaire

(1) Preparatory work: law n ° 2016-1321.
National Assembly :
Bill n ° 3318;
Report by Mr. Luc Belot, on behalf of the Law Commission, n ° 3399;
Opinion of Mrs. Hélène Geoffroy, on behalf of the Commission des affaires sociales, n ° 3387;
Opinion of Mr. Emeric Bréhier, on behalf of the Committee on Cultural Affairs, n ° 3389;
Opinion of Mrs Corinne Erhel, on behalf of the Committee on Economic Affairs, n ° 3391;
Information report by Ms. Catherine Coutelle, on behalf of the delegation for the rights of
women, No. 3348;
Discussion of January 19, 20 and 21, 2016 and adoption, after initiation of the procedure
accelerated, January 26, 2016 (TA n ° 663).
Senate:
Bill, adopted by the National Assembly, n ° 325 (2015-2016);
Report by Mr. Christophe-André Frassa, on behalf of the Law Commission, n ° 534 (2015-2016)
;
Text of committee n ° 535 (2015-2016);
Opinion of Mr. Philippe Dallier, on behalf of the finance committee, n ° 524 (2015-2016);
Opinion of Mrs Colette Mélot, on behalf of the Committee on Culture, n ° 525 (2015-2016);
Opinion of Mr. Patrick Chaize, on behalf of the Territorial Planning and
sustainable development, n ° 526 (2015-2016);
Opinion of Mr Bruno Sido, on behalf of the Committee on Economic Affairs, n ° 528
(2015-2016);

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Discussion on April 26, 27, 28, 29, May 2 and 3, 2016 and adoption on May 3, 2016 (TA n ° 131,
2015-2016).
National Assembly :
Bill, amended by the Senate, n ° 3724;
Report by Mr. Luc Belot, on behalf of the joint committee, n ° 3902 rect;
Discussion and adoption on July 20, 2016 (TA n ° 802).
Senate:
Report by Mr. Christophe-André Frassa, on behalf of the joint committee, n ° 743
(2015-2016);
Text of commission n ° 744 rect. (2015-2016);
Discussion and adoption on September 28, 2016 (TA n ° 185, 2015-2016).

