La Quadrature du Net – CJEU Judgment (France, 2024)
CJEU judgment — not a DPA enforcement action
This is a Court of Justice ruling, not an enforcement action by a data protection authority. It is not included in cookie statistics or the Risk Calculator.
In a case in France, the Court of Justice ruled on a challenge to a decree allowing authorities to access personal information from internet service providers. This decision is significant as it addresses the balance between copyright protection and user privacy.
What happened
Four associations challenged a French decree that allowed authorities to access personal information of users sharing copyrighted works online.
Who was affected
Internet users whose data could be accessed by authorities for copyright enforcement were affected.
What the authority found
The Court found that the decree must comply with EU privacy laws, particularly regarding the protection of personal data.
Why this matters
This case highlights the ongoing tension between copyright enforcement and privacy rights. Website operators should ensure their practices comply with both copyright and data protection laws.
National Law Articles
In order to protect works covered by copyright against their communication on the Internet without the authorization of the holder of the rights, France adopted Decree n. 2010-236, which introduced in particular, [https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000020740267/2009-11-01/ Article L. 331-21 in the French Intellectual Property Code] (‘CPI’). This Article establishes that the High Authority for the dissemination of works and the protection of rights on the Internet (‘Hadopi’) may request the identity, postal address, email address and telephone number of a person who made protected works available to download on the Internet, from internet service providers. The purpose of this access is to enable Hadopi to initiate a procedure against the identified person, combining educational and punitive measures. In particular, the sending of a first and second recommendation and then a letter notifying them that that activity is liable to constitute gross negligence. The matter may be referred to the public prosecution service in the most serious cases. Four associations, including La Quadrature du Net, sought the annulment of this Decree, claiming that [https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000020740267/2009-11-01/ Article L. 331-21 CPI] was contrary to EU law, in particular [https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:02002L0058-20091219 Article 15 ePrivacy Directive] and [https://fra.europa.eu/sq/eu-charter/article/7-respect-private-and-family-life Articles 7], [https://fra.europa.eu/en/eu-charter/article/8-protection-personal-data 8] and [https://fra.europa.eu/en/eu-charter/article/11-freedom-expression-and-information 11] of the Charter. Regarding the alleged infringement of EU law, La Quadrature du Net submitted that this Article permits access to any connection data in a disproportionate manner for non-serious copyright offences committed on the Internet, without any prior review by a judge or an authority. In par
Outcome
CJEU Judgment
A judgment by the Court of Justice of the European Union, typically on a preliminary reference from a national court.
Related Cases (5)
Other cases involving La Quadrature du Net in FR
CJEU Judgment
Details
Judgment Date
30 April 2024
Authority
Court of Justice of the European Union
GDPRhub ID
gdprhub-cjeu-7863About this data
Cite as: Cookie Fines. La Quadrature du Net - France (2024). Retrieved from cookiefines.eu
Last updated: