Streaming of Hadopi's processing activities to Arcom
The passing of Law no. 2021-1382 of October 25, 2021 on the regulation and protection of access to cultural works in the digital age will result in the dissolution of the Haute autorité pour la diffusion des œuvres et la protection des droits sur internet (Hadopi) as of January 1, 2022. Together with the French Superior Audiovisual Council (French Superior Audiovisual Council), the two authorities become the Autorité de régulation de la communication audiovisuelle et numérique (Arcom), which replaces Hadopi in its rights and obligations.
As part of this process, Hadopi's personal data processing activities linked to its missions taken over by Arcom are transferred to the latter, which becomes the new data controller.
1. Measures taken to ensure the lawfulness and security of data streaming
In order to guarantee compliance with rules on personal data protection, data integrity and confidentiality, this streaming was subject to a dubbed legal and technical verification.
Conclusions of the legal verification: Arcom is authorized to carry out the processing activities initially implemented by the supreme authority for the distribution and protection of intellectual property on internet.
The legal basis for the transfer of streaming activities is set out in article 34 of law no. 2021-1382 of October 25, 2021. This article stipulates that on January 1, 2022:
- on the one hand, the "Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet is dissolved and its assets are transferred to the French regulatory authority for audiovisual and digital communication. The latter is substituted for the Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet in its rights and obligations";
- on the other hand, " proceedings before the rights protection commission of the Haute Autorité pour la diffusion des œuvres et la protection des droits sur internet (High Authority for the diffusion of works and the protection of rights on the Internet) in progress on the same date are continued ipso jure before the member of the French regulatory authority for audiovisual and digital communication mentioned in IV of article 4 of law no. 86-1067 of September 30, 1986 relating to freedom of communication, charged with carrying out the mission of protecting protected works and objects".
Conclusions of the technical verification: Hadopi has put in place all measures to guarantee the security and confidentiality of the transfer of personal data, paying particular attention to data relating to the graduated response proceedings, which calls for strengthening quality and security control given the nature of this data.
2. Exercising rights
Data subjects whose personal data have been transferred to Arcom continue to have the right to access, rectify, object to, delete and restrict the processing of their personal data. Special conditions apply to the exercise of these rights in the context of the graduated response proceedings, for which the right of opposition is expressly waived, and the deletion deadline is set by decree no. 2010-236 of March 5, 2010.
For any information or to exercise their rights concerning the processing of personal data handled by Arcom, data subjects may contact its Data Protection Officer (DPO), enclosing proof of identity with their demand, and, concerning data linked to the graduated response, by recalling the reference appearing on the notice received:
- or by post to the following address:
French regulatory authority for audiovisual and digital communication
For the attention of the Data Protection Officer (DPO)
39-43 Quai André Citroën, 75015 Paris, France
The French national data protection agency (CNIL) isthe administrative authority responsible for processing personal data . Complaints relating to the use of personal data may be lodged with the CNIL.