Protection of children

Mandatory parental controls on devices connected to the internet

Publié le null - Directorate for Legal and Administrative Information (Prime Minister)

In order to better protect children against violent or pornographic content on the Internet, the law to strengthen parental control over Internet access means provides for several measures to facilitate the use of parental control devices. The law that requires manufacturers to settle this device to internet-connected devices has been in effect since September 5, 2022. Today, only 46% of parents report having implemented solutions to track their child's digital activity.

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Image 1Crédits: © Nmedia - Fotolia.com

Decree No. 2022-1212 of September 2, 2022, sets the date of entry into force of Law No. 2022-300 of March 2, 2022, to strengthen parental control over the means of access to the Internet, pursuant to Article 4.

Mandatory parental control system on connected devices

In order to promote the use of parental control by the greatest number of parents, the law provides for the mandatory installation of a parental control system, easily accessible and understandable, on devices connected to the Internet sold in France. Activation of this device must be offered free of charge to the user when the equipment is first put into service. The use and, where appropriate, the removal of this parental control device must also be offered free of charge.

The devices concerned are: computers, smartphones, tablets, video game consoles, connected objects such as televisions, watches or speakers.

The personal data of minors collected or generated during the activation of this device must not, even after the majority of young people, be used for commercial purposes, such as direct marketing, profiling and behavioral advertising.

Manufacturers will need to ensure that their device-settled operating systems include this control software. Importers, distributors and traders selling used appliances must verify that the products are certified by the manufacturers.

These new obligations imposed on manufacturers and distributors will be monitored by the National Frequency Agency, which may impose sanctions. Non-compliant or risky equipment may be prohibited from being placed on the market or removed by ministerial order.

In order to ensure a common minimum standard for all manufacturers, a decree adopted after the opinion of the National Commission of Informatics and Freedoms (Cnil) will specify this device: conditions for certification of the parental control device, awareness of the risks related to early exposure to screens, content filtering, establishment of black and white lists of websites or applications, profiles by age, filtering of personal data that may be sent by the child to a third party.

FYI  

The entry into force of this law published in Official Journal of march 3, 2022 is september 5, 2022, it was set by a decree published in Official Journal of 4 September 2022, i.e. three months after the government received the reply from the European Commission allowing the notified legislative package to be considered as compliant with European Union law.

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