Screen protection

From 13 July. 2024

Parental control: new obligations for connected hardware manufacturers

Publié le 11 juillet 2024 - Directorate for Legal and Administrative Information (Prime Minister)

From 13 July 2024, all internet-connected devices marketed in France must be able to offer parental control functionality. This new provision follows the Studer Act passed in March 2022 to protect minors from exposure to screens.

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The government has decided to legislate on parental control in order to better inform parents about existing tools.

The Law of 2 March 2022, known as Studer's lawand its implementing decree of 11 July 2023 thus establish new obligations for economic operators involved in the manufacture, distribution and sale of connected devices.

These obligations relating to parental control are effective from 13 july 2024, are a milestone in the protection of minors and are presented as an additional tool for parents, even if they should not replace their vigilance.

In March 2024, the National Frequency Agency (ANFR) submitted a relationship to enlighten manufacturers on the implementation of this new legislation.

How to install parental controls

The parental control device should be offered to the user “ when the equipment is first put into service ”. This feature is intended to alert parents to the existence of the parental control device and to position them immediately in relation to its activation.

Furthermore, the law states that “personal data of minors collected or generated during the activation of this device must not, even after the majority of the interested parties, be used for commercial purposes [...]”.

Affected devices should include a free, easily accessible and comprehensible parental control device, allowing at least:

  • block the downloading and access to certain content that may harm the physical, mental or moral development of minors, made available by applications (content prohibited to minors or governed by the law of 17 june 1998 on the prevention and punishment of sexual offenses and the protection of minors);
  • block access to pre-installed content that falls under the same content categories listed above.

Please note

The ANFR specifies that the obligations relate only to content settled or downloadable through software application stores. Websites are therefore excluded from the scope of the content to be blocked.

What equipment is involved?

The obligation relates to ‘terminal equipment intended for the use of on-line communication services to the public providing access to services and content which may impair the physical, mental or moral development of minors’.

For the ANFR, this provision groups together the equipment that allows you to browse the Internet and that has an application store.

In particular, the following appliances are concerned:

  • computers;
  • smartphones;
  • tablets;
  • connected televisions;
  • connected watches;
  • on-board navigation systems;
  • game consoles;
  • the reading lights.

FYI  

  • Used terminal equipment placed on the market before july 13, 2024 will not be subject to the obligations. However, operators marketing them are obliged to provide information on the existence of parental control mechanisms that can be settled.
  • Used terminal equipment placed on the market after 13 July 2024 will be subject to the same obligations as new terminal equipment.

What sanctions are imposed on suppliers?

Penalties for non-compliance may be as follows:

  • Notice: If the NBAA finds that the mandatory provisions have been infringed, it may give notice to the manufacturer and the economic operator concerned to take, within a period to be determined by the NBAA, all appropriate corrective measures to bring the appliances into conformity or to withdraw them from the market.
  • Product recall or withdrawal from the market: if the products have not been brought into conformity by the end of the period specified in the notice, the NAWA may order the temporary withdrawal and/or recall of the products from the national market.
  • Fine: the ANFR may, after an adversarial procedure, impose an administrative fine of €1 500 for a natural person and €7 500 for a legal person (€15 000 if several infringements are found).

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