French Legal and Regulatory Update – March 2026

France – Proposed law aimed at strengthening the effective enforcement of neighboring rights for publishers and press agencies

On 26 March 2026, the French National Assembly adopted a bill aimed at strengthening neighboring rights for press publishers and news agencies. Proposed on 21 January 2025, by the Member of the French Parliament Erwan Balanant, the bill seeks to supplement the provisions of the French Intellectual Property Code relating to neighbouring rights for press publishers, in particular to ensure that publishers and news agencies receive fair remuneration from communication services that disseminate their publications online.

Following review by the Committee on Cultural Affairs and Education and its examination by the National Assembly, several amendments were introduced compared to the initial version of the text. Among the key points discussed, ARCOM has been designated as the authority responsible for defining the criteria for remuneration owed to publishers and news agencies. It would also be granted supervisory, arbitration, and enforcement powers in the event of non-compliance.

The bill was transmitted to the Senate on March 26, 2026, which must now examine it.

European Union – European Parliament resolution on copyright and artificial intelligence

On 10 March 2026, the European Parliament adopted, by a very large majority, a resolution on copyright and generative artificial intelligence.

This resolution, which follows the report presented by the Member of the European Parliament Axel Voss, reflects a clear stance by Members of the European Parliament in favor of strengthening and clarifying the existing legal framework governing the use of copyright-protected works by artificial intelligence models.

Among the many issues addressed in the resolution, the Members first emphasized that copyright is a fundamental right that must be guaranteed and protected at every stage of the development of artificial intelligence tools. In this regard, several recommendations and points for consideration were put forward, including:

• the importance of implementing measures to ensure greater transparency regarding the data used by artificial intelligence tools, particularly with regard to copyrighted content used to train models;
• the need to ensure fair compensation for rights holders, notably by recommending the establishment of appropriate licensing mechanisms; and
• the difficulties associated with administering proof of the use of protected works, proposing the implementation of legal mechanisms to address these issues.

European Union – Adoption of two new European regulations complementing the “Designs Package”

On 19 March 2026, the European Commission published in the Official Journal of the European Union two regulations adopted on 15 January 2026, forming part of the new regulation on EU Designs.

• Implementing Regulation (EU) 2026/138 relating to the arrangements for the application of certain provisions of Council Regulation (EC) No 6/2002 on European Union designs. It complements Regulation 6/2002 on Community designs by laying down the arrangements for filing, representation and the management of multiple applications.
• Delegated Regulation (EU) 2026/137 specifies the procedural rules applicable to certain procedures relating to registered designs, such as amendments to applications, applications for invalidity or formalities before the EUIPO. This regulation repeals the former Regulation No 2245/2002 laying down the arrangements for the application of the Regulation on Community designs and models.

The provisions laid down by these regulations will be applicable from 1 July 2026.

Authored by Anais Le Coq and Victoria Bouchara.

France - Amendment to the Code of Ethics for Pharmacists

Decree No. 2026-156 of 3 March 2026, adopted pursuant to Article L. 4235-1 of the Public Health Code, comprehensively revises Chapter V of Title III of Book II of the Fourth Part of the Public Health Code in order to update the ethical rules applicable to pharmacists. More than a mere redrafting, the text now specifies several professional obligations:

• with regard to violence or abuse, it requires the pharmacist to act “by any means,” expressly grants the possibility of reporting to the public prosecutor or the competent authority, frames the collection of consent depending on the victim's situation, and excludes disciplinary liability where a report is made in good faith;
• it also redefines professional secrecy by stating that it covers not only information entrusted to the pharmacist, but also what he or she has seen, heard, or understood in the course of professional practice, while requiring the pharmacist to ensure compliance with this obligation by persons under his or her authority;
• the duty to advise is reformulated in more concrete terms, requiring the pharmacist to provide the patient with clear, appropriate, and tailored information and advice, in particular when dispensing a medicinal product not requiring a prescription or upon its direct renewal;
• the decree also substantially amends the regime governing information and advertising by expressly distinguishing information devoid of any promotional character from commercial advertising, by authorising communication regarding the pharmacist's skills, professional background, and conditions of practice, including online, while maintaining strict limits relating to the fairness of the message, the prohibition of third-party testimonials and comparisons, as well as the absence of any inducement to unnecessary recourse, misuse of products, or excessive consumption of medicinal products.

These new provisions entered into force on 6 March 2026.

Authored by Joséphine Pour and Gauthier Zimmer.

France –  2030 Olympic and Paralympic games: adjustments of certain public procurement rules

Law n°2026‑201 of 20 March 2026 on the organisation of the 2030 Olympic and Paralympic games, published in the Official Journal of French Republic on 21 March 2026, introduces several adjustments to the rules governing public procurement law.

It exempts design-and-build contracts entered into by public contracting authorities responsible for carrying out construction, development and refurbishment works required for the organisation of the games from application of the conditions governing recourse to such contracts set out in article L. 2171‑2 of the public procurement code.

In addition, with regard to framework agreements for works, supplies or services relating to the organisation of the event, the law provides that, where such agreements derogate from the maximum duration ordinarily applicable to framework agreements (four years), contracting authorities may enter into them for a maximum duration of six years, in order to align the contract term with the timelines required for preparation of the games.

Lastly, the law allows constructions, facilities or developments directly linked to the games and not initially provided for in the terms and conditions of a concession for the operation of a ski-lift service to be incorporated into the scope of those terms and conditions by way of an amendment, provided that (i) they are necessary, and (ii) the resulting modification neither alters the overall nature of the concession nor leads to an increase of more than 50% of its initial value.

France –  Early childhood services: publication of a practical guide on public service delegations

In March 2026, the Economic observatory for public procurement, in partnership with the social security directorate, published a guide on the delegation of public service in the early childhood sector, intended for local authorities and their groupings.

This practical document is designed to better support local authorities throughout the award and management of their public service delegations, from the identification of their needs to the end of these complex contracts. In particular, it addresses the steps required to successfully implement projects aimed at outsourcing the management of early childhood public service, as well as the means of ensuring proper management of the delegated service.

Lastly, the guide includes several practical appendices, notably a methodology for implementing a concession, as well as tables covering the procedural timetable, staff transfer arrangements upon exit of the operator, penalties applicable to the delegated operator, and the choice of award criteria and sub‑criteria.

France –  Concession motorways: amendments to the rules governing contracts awarded by concessionaires

Decree n°2026‑199 of 18 March 2026, published in the Official Journal of French Republic on 20 March 2026, relating to contracts for works, supplies and services awarded by concessionaire companies operating the motorway network, and adopted pursuant to article L. 122‑22 of the road infrastructure code, harmonises the rules applicable to public and private motorway concession companies.

The decree raises to EUR 2,000,000 (excluding VAT) the threshold above which private motorway concessionaires are required to award works contracts in accordance with a formalised procedure. It also specifies the modalities applicable to the award of works contracts under an adapted procedure (i.e. where the estimated contract value is equal to or greater than 500,000 excluding VAT and less than EUR 2,000,000 excluding VAT), and adjusts accordingly the respective roles of the transport regulatory authority and the contracts commission within this procedure.

Most of the provisions of the decree apply to contracts for which a consultation has been launched or a contract notice has been sent for publication as from the first day of the fourth month following its publication.

Authored by Bruno Cantier, Astrid Layrisse and John Eric Dicka.