French Legal and Regulatory Update – April 2026

France – Revision of the Audiovisual Media Services Directive (“AVMS Directive”)

On 29 April 2026, a proposal for a European resolution concerning the so-called Audiovisual Media Services Directive (“AVMS Directive”) was introduced before the French National Assembly. This initiative calls for further consideration of the adaptation of the European framework governing audiovisual media services in light of evolving consumption patterns and the increasing role of digital platforms.

The resolution highlights several key areas, including the protection of European cultural diversity, the adaptation of financing obligations relating to European works applicable to services established outside France, and the harmonisation of rules concerning the protection of minors and the prevention of the dissemination of harmful content.

The AVMS Directive constitutes a central instrument for the organisation of audiovisual creation financing and the regulation of the distribution of works within the European Union.

Source : La révision de la directive « Services de médias audiovisuels » et la défense de l’exception culturelle européenne - Dossiers législatifs - 17e législature - Assemblée nationale

Authored by Iris Accary and Victoria Bouchara.

France – Publication of Decree No. 2026-340 of 30 April 2026 on business formalities

Adopted for the purposes of Articles L. 123-1 and L. 123-57 of the Commercial Code and Article 1865 of the Civil Code, the text introduces several amendments concerning civil companies. These regulatory provisions came into force on 6 May.

1. Publication of the transfer of shares in a civil company (Decree No. 78-704, 3 July 1978, Art. 52)

   The text now provides for the filing with the Trade and Companies Register (RCS) of the amended articles of association, rather than the original deed of transfer if it is a private document or a certified copy if it is notarised.

   The regime governing civil companies is thus harmonised with that of commercial companies, in particular general partnerships (SNCs) and limited liability companies (SARLs).

   The text also introduces the possibility for the transferor or transferee, subject to certain conditions, to file the deed of transfer of shares with the effect of making the transfer enforceable against third parties “as a precautionary measure and until the amended articles of association have been filed as an annex to the Trade and Companies Register”.

2. Concealing of the home addresses of individual directors (Art. R. 123-102-1)

   This decree follows on from Decree No. 2025-840 of 22 August 2025 on the protection of information relating to the home addresses of certain individuals listed in the Trade and Companies Register.

   The new text introduces a reference to Article L. 123-52, which refers to the “municipality of residence”, in order to avoid disclosing the personal address.

3. Miscellaneous (Articles R. 123-54 and R. 123-246)

The legislation requires traders and businesses in the trades and crafts sector to declare the origin of assets transferred by inheritance for the purposes of registration in the National Business Register (RNE).

Authored by L.-N. Ricard.

France – Update by the Direction Générale du Trésor and the ACPR to the guidelines on asset freezing measures

The Autorité de Contrôle Prudentiel et de Régulation (“ACPR“) and the Direction Générale du Trésor updated on 16 March 2026 their joint guidelines relating to the implementation of asset freezing measures. 

This revised version provides clarifications and additional details to reflect recent developments in the national and international regulatory framework, in particular the new legal instruments published in this area. 

The revised guidelines now notably include: 

• obligations applicable in the event of transfers of crypto-assets, set out in Chapter 2.4.5, under which such transfers must be subject to screening prior to being made available to the beneficiary;
• obligations relating to payment service providers offering instant credit transfer services, as provided for in Article 5a of Regulation No 260/2012 and further specified in Chapter 2.4.5.1, under which such providers must screen their customer database immediately following the entry into force of any amendment to national or EU asset-freezing lists, and at least on a daily basis. 

These guidelines are in force since 16 March 2026. 

Source: Update by the Direction Générale du Trésor and the ACPR to the guidelines on asset freezing measures

European union – Publication by the EIOPA of a public consultation on inefficiencies, overlaps and inconsistencies in Solvency II reporting and disclosure requirements

The European Insurance and Occupational Pensions Authority (“EIOPA”) published on 13 March 2026 a public consultation on potential inefficiencies, overlaps and inconsistencies in regulatory reporting and disclosure requirements, as well as on possible solutions to address them, following the adoption of Directive 2025/2 of 27 November 2024 amending Directive 2009/138 of 25 November 2009 (“Revised Solvency II”).

EIOPA notes that while the reporting framework under Solvency II is harmonised, this is not the case for reporting applicable to institutions for occupational retirement provision (“IORPs”), which remains less structured.

In this context, EIOPA identifies several areas for improvement, including the alignment of concepts and regulatory standards, the reuse and exchange of collected data, and the modernisation of IT systems to enable the automation of certain reporting processes.

Stakeholders may submit their comments on the consultation document until 10 June 2026.

Source: Publication by the EIOPA of a public consultation on inefficiencies, overlaps and inconsistencies in Solvency II reporting and disclosure requirements

European Union - Update by the EIOPA of ITS and several guidelines under Solvency II

On 30 March 2026, the European Insurance and Occupational Pensions Authority (“EIOPA”) submitted to the European Commission its draft amendments to two implementing technical standards, following the adoption of Directive 2025/2 of 27 November 2024 amending Directive 2009/138 of 25 November 2009 (“Revised Solvency II”).

The two draft amended implementing technical standards relate to (i) the procedures, formats and templates for the disclosure by insurance and reinsurance undertakings of their report on their solvency and financial condition in accordance with Directive 2009/138 (“Solvency II Directive”) (EIOPA-BoS-26-082), and (ii) the templates to be used by insurance and reinsurance undertakings for the submission of information to their supervisory authorities in accordance with the Solvency II Directive (EIOPA-BoS-26-083).

These implementing technical standards are amended to reflect (i) changes to reporting obligations resulting from developments in Level 1 and Level 2 texts, impacting several reporting templates, (ii) the correction of errors and inconsistencies identified during the first year of application of the prudential reporting and disclosure framework, (iii) the introduction of limited additional data requests in areas where new prudential needs have been identified (notably regarding occupational and individual pensions data, and natural catastrophe data); and (iv) proposals aimed at reducing the reporting burden. These changes are part of a broader drive to reduce the administrative burden on the insurance industry, and in particular reporting obligations.

They will enter into force twenty (20) days after their publication and will apply from 30 January 2027.

EIOPA has also updated its guidelines on (i) the supervision of branches of third-country insurance undertakings (EIOPA-BoS-26-084), as well as those on (ii) reporting for financial stability purposes (EIOPA-BoS-26/074).

These guidelines have been amended to simplify the applicable framework and reduce the number of individual guidelines, while ensuring alignment with the changes to reporting obligations resulting from Level 1 and Level 2 texts. In addition, the threshold for identifying entities subject to reporting for financial stability purposes, both groups and solo undertakings, has been increased from EUR 12 billion to EUR 20 billion.

EIOPA also recalls that these new prudential reporting requirements will apply from the same date as the other provisions introduced by the revision of the Solvency II Directive, namely 30 January 2027.

Source: Update by the EIOPA of ITS and several guidelines under Solvency II

European Union – Publication by EIOPA of third report on the application of the Insurance Distribution Directive

The European Insurance and Occupational Pensions Authority (“EIOPA”) published, on 30 March 2026, its third report on the application of Directive 2016/97 on insurance distribution (the “IDD”).

EIOPA identifies several evolutions that may affect the applicable regulatory framework, including the progression of the digitalisation of insurance distribution and the rise of artificial intelligence (“AI”). EIOPA highlights the increased use of generative AI in insurance distribution, in particular through chatbots and sales tools, while noting that the IDD does not comprehensively regulate digital channels and does not provide detailed guidance on AI-based advice models.

EIOPA also notes an improvement in the level of professionalism and competence in certain markets, although it observes that shortcomings persist in the distribution of other insurance products, in particular insurance-based investment products.

In conclusion, EIOPA considers that further guidance would be appropriate, in particular on digitalisation, the sales process and the integration of sustainability requirements.

Source: Publication by EIOPA of third report on the application of the Insurance Distribution Directive

Authored by Ghina Farah, Maxime Kaya.

France – Bill on the Establishment of a Presumption of Exploitation of Cultural Content by Artificial Intelligence Providers

A bill aimed at establishing a presumption of exploitation of protected cultural content by providers of artificial intelligence systems was adopted at first reading by the Senate on 8 April 2026. Introduced on 12 December 2025, the bill seeks to amend the French Intellectual Property Code by introducing a specific evidentiary mechanism applicable to civil litigation involving AI systems.

The proposed text provides that, unless proven otherwise, a work protected by copyright or related rights shall be presumed to have been exploited by an artificial intelligence system where evidence relating to the development, deployment, or output of that system makes such exploitation plausible. This presumption is rebuttable and may therefore be overturned by the provider of the relevant system.

The bill comes against a backdrop of increasing difficulties faced by rights holders in establishing the actual use of their works during the training or operation of AI systems, due in particular to the lack of transparency regarding the datasets used. The proposed mechanism is intended to address these evidentiary challenges without creating any new substantive rights.

Pursuant to Article 39 of the French Constitution, the Conseil d’État was consulted and issued an advisory opinion on 19 March 2026 concerning the compatibility of the bill with European Union law and constitutional requirements. Following this consultation, the text was adopted by the Senate with certain amendments.

The bill has now been transmitted to the National Assembly, where it is currently undergoing parliamentary debate with a view to its possible final adoption.

Source : https://www.senat.fr/leg/ppl25-220.html

European Union – The European Pharmaceutical Package

The European Union has undertaken a comprehensive reform of its legislative framework governing medicinal products through the “EU Pharma Package.” This legislative package consists of a regulation and a directive intended to replace the existing legal framework, in particular Directive 2001/83/EC and Regulation (EC) No 726/2004.

The reform was proposed by the European Commission in April 2023 and subsequently became the subject of negotiations between the European Parliament and the Council. A political agreement was reached on 11 December 2025. The final versions of the texts were published in March 2026. In late April, the plenary session initially scheduled for June for the final vote was rescheduled to 11 November 2026. Full application of the new framework is currently envisaged for 2028.

The pharmaceutical package notably addresses the rules governing the marketing authorisation of medicinal products, their supervision and pharmacovigilance, as well as incentives for research and innovation through the revision of the Bolar exemption. It also addresses the interaction between intellectual property rights, such as patents and supplementary protection certificates, and the mechanisms relating to regulatory data and market protection.

Source : https://oeil.europarl.europa.eu/oeil/en/procedure-file?reference=2023/0131(COD)#section7

International – Bulgaria Joins the Geneva Act of the Lisbon Agreement

On 31 March 2026, Bulgaria deposited its instrument of accession to the Geneva Act on Appellations of Origin and Geographical Indications. The Geneva Act will enter into force on 30 June 2026.

This accession will enable Bulgaria to benefit from the international system administered by the World Intellectual Property Organization (WIPO) for the protection of appellations of origin and geographical indications through a single registration procedure. Several emblematic Bulgarian products, such as Bulgarian rose oil and Bulgarian yogurt, may therefore benefit from enhanced international protection.

Source : https://www.wipo.int/en/web/lisbon-system/w/news/2026/bulgaria-joins-the-geneva-act-of-the-lisbon-agreement

Authored by Iris Accary and Victoria Bouchara.

France –Medical devices and in vitro diagnostic medical devices: update of the regulatory section of the Public Health Code

Decrees No. 2026-299 and No. 2026-298 of 17 April 2026 update the regulatory section of the French Public Health Code in order to reflect the entry into application of Regulation (EU) 2017/745 on medical devices (MDR) and Regulation (EU) 2017/746 on in vitro diagnostic medical devices (IVDR), as well as their transposition into domestic law by Ordinance No. 2022-582 of 20 April 2022. They therefore rewrite the regulatory titles dedicated to medical devices and in vitro diagnostic devices and specify the arrangements for the application in domestic law of the new European framework.

Substantively, the two texts are structured around three main areas:

• they incorporate into the Public Health Code the legal framework and reporting obligations applicable to the various operators (manufacturers, authorised representatives, importers, distributors, service providers, and IVD operators), in particular by regulating activity declarations to the ANSM, periodic updates of information, and certain specific conditions relating to placing devices on the market, dispensing through pharmacies, and the refurbishment or resale of second-hand devices;
• they reflect the strengthening of the national materiovigilance and reactovigilance systems: clarification of the roles of the Director General of the ANSM, the regional coordinators for materiovigilance and reactovigilance (CRMVRs), and local correspondents; mandatory designation of correspondents by institutions, groups, associations, and manufacturers; and definition of the procedures for reporting serious incidents by healthcare professionals, economic operators, patients, and approved associations;
• they update the applicable traceability rules, on the one hand for implantable devices (electronic recording of the unique device identifier, integration into the medical record and the shared medical record (DMP), implant card, data retention periods) and, on the other hand, for certain in vitro diagnostic devices (rapid diagnostic orientation tests and listed self-testing devices), by providing, for the latter, for the electronic recording of device and patient identification data for a specified retention period. Community pharmacists will be subject to specific traceability obligations for implantable devices dispensed in community settings from 1 September 2026, while the traceability rules for IVD medical devices will enter into force on a date to be set by ministerial order and no later than 1 January 2027.

The two decrees also specify the regime of financial and administrative penalties applicable, in particular in cases involving failure to appoint a vigilance correspondent, public presentation of non-compliant devices without mention that they are not commercially available, or failure to make EU declarations of conformity and technical documentation available. They entered into force on the day following their publication, subject to certain deferred provisions, particularly regarding pharmacy traceability and the traceability of certain in vitro diagnostic devices.

Authored by Joséphine Pour and Gauthier Zimmer.

France/European – union Autonomous vehicles regulation: the Club des juristes puts forward 52 proposals to modernise the legal framework

The Club des juristes published in April 2026, under the chairmanship of Louis Schweitzer (former Chairman of the Renault Group), a report on the regulation of autonomous vehicles. The report comes as the first robotaxi services begin to be deployed across Europe, marking the transition from experimental phases to large-scale commercial use.

The report takes stock of a fragmented legal framework built on an overlapping set of international, European and national rules that remain incompletely coordinated. While the Vienna Convention, as amended, now permits automated driving systems subject to national type-approval and authorisation requirements, the practical conditions of use — activation, supervision, and manual override — continue to be defined exclusively at the national level, creating divergences between Member States that undermine the coherence of the internal market.

The report identifies four key areas of legal tension: (i) the absence of harmonised rules on human supervision requirements for SAE Level 3 systems (the automation level at which the vehicle drives itself but may require the driver to resume control at short notice); (ii) uncertainty as to the allocation of liability between the driver, manufacturer and operator in the event of an accident; (iii) the lack of a defined legal status for the remote operator supervising automated vehicle fleets; and (iv) risks associated with continuous data collection and cybersecurity vulnerabilities.

A total of 52 proposals are put forward, including in particular: initiating a new reform of the Vienna Convention to fully integrate automated driving systems; establishing a legal framework for the remote operator; creating a dedicated vehicle cybersecurity authority with certification, alert and market withdrawal powers; introducing strict liability for manufacturers in the event of damage caused by an on-board artificial intelligence system; and restoring the ability to combine liability under the law on defective products and general tort liability.

Source: Club des juristes Report, The Regulation of Autonomous Vehicles, April 2026

Authored by Nicolas Rohfritsch.

France – Simplification of the litigation procedure for certain projects on environmental matters

Decree n° 2026-302of 21 April 2026 regarding the simplification of litigation procedures in environmental matters and the acceleration of certain projects, published in the Official Journal of the French Republic on 22 April 2026, establishes a new accelerated and unified litigation regime for certain projects on environmental matters under article R. 311-5 of the administrative justice code. All disputes relating to administrative acts that determine the construction, implementation, commissioning, operation, modification or extension of projects relating to the development of carbon-free energy, transport infrastructure, food sovereignty, economic and industrial sovereignty, as well as operations of national interest and major urban planning operations, will thus fall within the jurisdiction of the territorially competent administrative courts of appeal. However, this does not apply to compensation disputes, contractual acts and appeals falling, pursuant to articles R.311-1 and R.311-1-1 of the administrative justice code, within the jurisdiction of the Council of State as the court of first and final instance. The administrative courts of appeal shall rule as the court of first and final instance within ten months of the registration of the appeal. The decree will apply to acts adopted on or after 1^st July 2026. 

Increase of raw material prices: recommendations for the performance of public procurement contracts

Circular n°6529/SG on the performance of public procurement contracts in the current context of increase of prices for certain raw materials, repealing circular n°6374/SG of 29 September 2022, published on 27 April 2026, sets out several recommendations for prefects and public purchasers. These recommendations are a continuation of the 2022 circular and the Council of State’s opinion on modifications to financial clauses (CE, Opinion, 15 September 2022, n°405540), and are justified by the rise in the prices of certain raw materials resulting from the current conflict in the Middle East. Firstly, this involves inserting price revision clauses into certain public procurement contracts (such as contracts for the purchase of foodstuffs, energy, works and transport contracts) and clauses allowing for the "dry" modification of the financial clauses of contracts alone to offset the consequences of unforeseeable increases in certain supply costs. These modifications are, however, limited to 50% of the initial contract value for public procurement contracts and concessions awarded by contracting authorities. Furthermore, the Prime Minister reminds that minor adjustments to the financial clauses may be made on the basis of articles R. 2194-8 or R. 3135-8 of the public procurement code, provided it complies with the other thresholds defined in that code (10% of the initial contract value for supply and service public procurement contracts and concession contracts, and 15% of the initial contract value for works public procurement contracts). Furthermore, the contract holder is entitled to compensation on the basis of the doctrine of hardship codified in article L. 6 3° of the public procurement code, or, for private public procurement contracts, to renegotiate the contract pursuant to article 1195 of the civil code, subject to compliance with the thresholds of the public procurement code that are also applicable to them (i.e. articles R. 2194-5 and R. 3135-5 in the event of unforeseen circumstances and articles R. 2194-8 and R. 3135-8 for modifications of low amounts). Finally, the public entity has the option to terminate the contract if the services in question can be deferred, whilst a new competitive tendering procedure is organised under current economic conditions.

Authored by Bruno Cantier, Astrid Layrisse and Jennifer Nsatou.