Notification Detail | TRIS - European Commission

Proposal for a law to strengthen parental control over means of Internet access.

Notification Number:

2022/0103/F (France)

Date received:

22/02/2022

End of Standstill:

23/05/2022

Issue of comments by:

Italy

Draft Text:

FR DE HU DA CS BG SL MT ES LT FI SK RO EL HR LV IT SV EN PT ET PL NL

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Message

Message 002

Communication from the Commission - TRIS/(2022) 00573
Directive (EU) 2015/1535
Translation of the message 001
Notification: 2022/0103/F

No abre el plazo - Nezahajuje odklady - Fristerne indledes ikke - Kein Fristbeginn - Viivituste perioodi ei avata - Καμμία έναρξη προθεσμίας - Does not open the delays - N'ouvre pas de délais - Non fa decorrere la mora - Neietekmē atlikšanu - Atidėjimai nepradedami - Nem nyitja meg a késéseket - Ma’ jiftaħx il-perijodi ta’ dawmien - Geen termijnbegin - Nie otwiera opóźnień - Não inicia o prazo - Neotvorí oneskorenia - Ne uvaja zamud - Määräaika ei ala tästä - Inleder ingen frist - Не се предвижда период на прекъсване - Nu deschide perioadele de stagnare - Nu deschide perioadele de stagnare.

(MSG: 202200573.EN)
1. MSG 002 IND 2022 0103 F EN 22-02-2022 F NOTIF

2. F

3A. Ministères économiques et financiers
Direction générale des entreprises
SCIDE/SQUALPI - Pôle Normalisation et réglementation des produits
Bât. Sieyès -Teledoc 143
61, Bd Vincent Auriol
75703 PARIS Cedex 13
d9834.france@finances.gouv.fr

3B. Ministères économiques et financiers
Direction générale des entreprises
SEN / SDCEP - Bureau de la réglementation des communications électroniques
Bât. Necker
120 rue de Bercy
75572 Paris CEDEX 12

4. 2022/0103/F - V20T

5. Proposal for a law to strengthen parental control over means of Internet access.

6. Terminal equipment equipped with operating systems and intended for the French market.

7. -

8. The proposed law subject to notification introduces obligations applicable terminal equipment enabling Internet access in order to facilitate the use of parental control systems by parents of minor users.

The proposed law lays down an obligation for terminal manufacturers to ensure that parental control systems are installed and that activation thereof is offered when putting the device in service for the first time. They shall check whether parental control is integrated in the operating system and ensure that activation and uninstallation thereof are offered at no extra cost to the user. The manufacturer may also directly ask the operating system provider to certify the presence of a parental control system.

The proposed law also lays down a personal data protection regime for minors’ personal data that could be collected when parental control is activated. Such data shall not be used for commercial purposes.

A certification control regime is established, which includes distributors, importers and fulfilment service providers. They shall verify the certification provided by the manufacturer or, failing that, by the operating system provider.

The scope of the proposed law in relation to the terminals concerned is limited to terminals equipped with operating systems, including refurbished terminals.

The proposed law entrusts the National Frequency Agency with monitoring compliance with these obligations by manufacturers, distributors, importers and fulfilment service providers.

Finally, the implementing rules for the proposed law will be specified in two implementing acts:
- A first decree specifying the functionalities and minimum characteristics to be met by parental control systems, the procedures for issuing certification, the conditions under which the competent authority may penalise the placing on the market and the availability of non-compliant terminals and the arrangements for disseminating information to the user on the dangers of early exposure to screens;
- A second decree is envisaged in order to determine the regime applicable to terminals whose placing on the market pre-dates the proposed law (used goods).

9. The objective of the proposed law is precisely to make access to parental control systems easier for parents of minor users. By proposing that the parental control system be activated when the device is first put into service, for example following the purchase of the terminal, this initiative aims to spare parents from computer operations that can sometimes be discouraging or excessively complex. The imposition of the obligation of certification on terminal manufacturers aims to align with the existing regime of obligations concerning the placing on the market of radio equipment. If manufacturers remain the primary entities responsible within the meaning of the text, and within the meaning of the general system for placing terminals on the market, they will be able to rely on the operating system providers and will be controlled by the players active in the supply chain of the French market;

The introduction of a control regime by the National Frequency Agency, which is already in charge of monitoring the placing on the market of equipment pursuant to the Electronic Communications and Postal Code, is intended to ensure that this new obligation is fully effective.

The purpose of the data protection regime is to avoid any commercial use of information that could be provided by parents when configuring the parental control system.

The limitation of the scope of the proposed law to terminals equipped with operating systems is intended to clarify the situation of professional terminals which do not have such operating systems and therefore do not enable access to services or content likely to affect the development of minors. The aim is to avoid any ambiguity which might impose a burden which is not justified by the objective pursued.

The inclusion of used terminals takes into account the increase in the use of such terminals, particularly among younger people because of their price. It would be inconsistent not to grant similar protection to minors using such terminals.

The provisions on the methods of implementation of the proposed law meet the need for predictability and legal certainty with regard to the content of the implementing texts.

10. No reference material is available

11. No

12. -

13. No

14. No

15. -

16. TBT aspect

No - The draft is neither a technical regulation nor a conformity assessment procedure

SPS aspect

No - The draft is not a sanitary or phytosanitary measure.

**********
European Commission

Contact point Directive (EU) 2015/1535
Fax: +32 229 98043
email: grow-dir2015-1535-central@ec.europa.eu

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