Arcep

France’s draft legislation on various provisions for adapting to European Union law (DDADUE), presented to the Council of Ministers on 10 November 2025, will be examined by the Assemblies[1]. It entrusts Arcep with new duties in implementing the Data Act, and seeks to achieve faster and more cost-effective electronic communications network deployments, pursuant to the Gigabit Infrastructure Act. Arcep is making public its Opinion on these provisions contained in the draft legislation[2].

As the competent Authority for the implementation of the Data Act, Arcep expects to see its duties expanded in the area of data sharing, along with its investigative, sanctioning and dispute-settlement powers. 

The DDADUE draft legislation follows through on the adoption of France’s Law on Securing and Regulating Cyberspace (the SREN Act)[3] which designated Arcep as the competent authority for regulating data intermediation service providers and, in preparation for the application of the Data Act, entrusted it with the power to regulate cloud computing services. 

In addition to the regulation of cloud computing services, the Data Act establishes a framework for facilitating business-to-consumer and business-to-business data access and sharing, notably as part of the Internet of Things (IoT) market. It also introduces measures to encourage the establishment of interoperability standards for data sharing. 

To ensure the regulation is properly applied, the draft legislation entrusts Arcep with the power to investigate and sanction failures to comply with the obligations set forth in the regulation. It also gives Arcep the power to settle disputes over some of the regulation’s provisions. 

Arcep will draw on the experience it has acquired since the adoption of the SREN Act, and will continue to work closely with the different stakeholders and with all of the authorities concerned at the national level, along with the EDIB (European Data Innovation Board) and BEREC (Body of European Regulators for Electronic Communications), to ensure a consistent implementation of the Data Act.

Faster and more cost-effective network deployments, pursuant to the Gigabit Infrastructure Act

The symmetric regulation governing access to physical infrastructures propelled the deployment of ultrafast fixed and mobile networks. In particular, it enabled infrastructure operators deploying fibre networks to access civil engineering infrastructures other than those belonging to Orange, in locations where the latter were not available (Enedis hydro poles, local authorities’ ducts, and ducts owned by operators that were also deploying optical fibre networks). The DDADUE draft legislation updates obligations to share information regarding available infrastructures (notably with shorter response times, georeferencing civil engineering infrastructures, etc.), by strengthening them in accordance with the changes to European law introduced by the Gigabit Infrastructure Act. Arcep will work to enforce compliance with the obligations contained in this regulation, to ensure future-proof deployments under reasonable economic conditions.

Associated document 

• Arcep Opinion (pdf - 373 KB)