Background

On March 2, 2022, France enacted the Law No. 2022-300, titled “Parental Control Law over Internet Access,” designed to reinforce parental controls over minors’ access to the Internet, in order to better protect children against harmful content on the Internet and safeguard their physical and mental wellbeing. The Law outlines an obligation system applicable to manufacturers, specifying the minimum functionalities and technical characteristics of the parental control system. It also mandates manufacturers to provide end-users with information on the configuration of parental control systems and the inherent risks associated with minors’ internet access practices. Subsequently, the Law No. 2023-588, enacted on July 11, 2023, served as an amendment to Law No. 2022-300, further clarifying obligations for terminal device manufacturers by requiring them to issue Declarations of Conformity (DoC). This amendment took effect on July 13, 2024.

Scope of Application

The devices concerned are: personal computers, smartphones, tablets, and any fixed or mobile connectivity devices equipped with operating systems that enable internet browsing and access, such as PCs, e-book readers or tablets, GPS devices, laptops, MP4 players, smart displays, smartphones, smart TVs, smart watches with operating systems, and video game consoles capable of browsing and running on an operating system.

Requirements

The Law requires devices to have relevant functionalities and technical characteristics, and the device manufacturers are required to establish technical documentation and a Declaration of Conformity (DoC) for each type of device.

Requirements on Functionalities and Technical Characteristics

• Activation of the device must be offered when the device is first put into use.
• Prevent downloading of content available in software app stores.
• Block access to installed content that is legally prohibited for minors.
• Implemented locally, without causing servers to collect or process personal data of minor users.
• Do not process personal data of minor users, except for the necessary identity data for operating parental control systems.
• Do not collect personal data of minor users for commercial purposes, such as direct marketing, analytics, or behavioral targeting advertisements.

Technical Documentation Requirements

The technical documentation must at least include the following contents:

• The software and firmware versions that have an impact on the mentioned requirements;
• User manuals and instructions that allow for the activation, usage, updating, and (if applicable) deactivation of the equipment;
• A description of the solutions implemented to fulfill the mentioned requirements. If standards or parts of standards are applied, test reports should be provided. If not, a list of other relevant technical specifications applied should be attached;
• Copies of the declarations of conformity.

Compliance Declaration Requirements

The compliance declaration shall include the following contents:

1. Identification of the terminal equipment (product number, type, batch number, or serial number);
2. Name and address of the manufacturer or its authorized representative;
3. Purpose of the declaration (to identify the terminal equipment for traceability purposes);
4. A statement confirming that the terminal equipment complies with the provisions of Law No. 2022-300 of March 2, 2022, aimed at strengthening parental control over internet access;
5. References to technical specifications or applicable standards (if applicable). For each reference, the identification number, version, and date of publication shall be indicated (if applicable);
6. Optionally, a description of accessories, components, and software used to enable the terminal equipment to function as intended and comply with the declaration of conformity (if applicable).
7. Optionally, a certificate of conformity issued by the operating system provider (if applicable).
8. Signature of the person compiling the declaration.

Manufacturers shall ensure that the terminal equipment is accompanied by a copy of the compliance declaration in paper, electronic format, or any other medium. When manufacturers choose to publish the compliance declaration on a website, the equipment must be accompanied by a reference to its exact link.

MCM Warm Reminder

As of July 13, 2024, terminal equipment imported into France must comply with the requirements of the Parental Control Law over Internet Access and issue a compliance declaration. Failure to comply with these requirements may result in recalls, administrative fines, or penalties. Amazon has already required that all terminal equipment imported into France must comply with this law, or it will be considered non-compliant.