French Legal and Regulatory Update – February 2026

France – Decree on the experimentation of games with monetisable digital objects

On 4 February 2026, Decree No. 2026-60 of 4 February 2026 on the experimentation of games involving monetisable digital objects (JONUM) was adopted pursuant to Law No. 2024-449 of 21 May 2024 aimed at securing and regulating the digital space. The decree establishes a three-year experimental regulatory framework for certain online games allowing players to obtain digital objects that may be transferred or monetised. The decree specifies the prior declaration procedure before the National Gaming Authority (Autorité nationale des jeux, ANJ) for operators wishing to offer such games. It also defines the information that must be submitted to the ANJ and the monitoring powers exercised by the authority within the framework of the experimentation. The text further provides measures aimed at preventing risks associated with these games, particularly regarding user information. The experimental regime is intended to assess the appropriateness of a specific legal framework governing JONUM.

Décr. n° 2026-60, 4 févr. 2026 relatif à l’expérimentation des JONUM, JO 6 févr.

European Union – European Commission guidelines on the protection of media content on very large online platforms.

On 6 February 2026, the European Commission issued guidelines on the application of Article 18 of Regulation (EU) 2024/1083 of the European Parliament and of the Council of 11 April 2024, establishing a common framework for media services in the internal market (European Media Freedom Act, EMFA).These guidelines clarify the obligations applicable to very large online platforms, as defined in Article 33 of Regulation (EU) 2022/2065 of 19 October 2022 on a Single Market for Digital Services (Digital Services Act, DSA).In particular, they specify the self-declaration mechanism allowing media service providers to notify platforms of their status, as well as the procedures to be followed where platforms intend to restrict, suspend, or remove content originating from such media providers. These guidelines are intended to facilitate the implementation of the mechanism for the protection of media content provided for in Article 18 of Regulation (EU) 2024/1083.

Guidelines under Article 18 of the European Media Freedom Act (EMFA) | Shaping Europe’s digital future 

Authored by Iris Accary and Juliette Commeau.

France – Establishment of Confidentiality for In-House Counsel Consultations 

Law No. 2026-122 of 23 February 2026 on confidentiality of in-house counsel consultations (hereinafter referred to as “Terlier Law”) introduces a new Article 58-1 intoLaw No. 77-1130 of 31 December 1971 on the reform of certain judicial and legal professions.

Terlier Law establishes the confidentiality of legal consultations drafted by in-house counsels, or at their request and under their supervision by a member of their team. To this end, five conditions must be met:

1. The in-house counsel or a member of their team acting under their authority must hold a Master’s degree in Law or an equivalent French or foreign diploma;
2. The in-house counsel must provide proof of having completed training in ethical rules, the reference framework of which will be specified by ministerial Order;
3. The consultations shall be exclusively personalised and intended for a management, administrative, or supervisory body of the company that employs the counsel, including its group or one of its subsidiaries;
4. The consultations shall provide an opinion or advice based on the application of a rule of law;
5. The consultations shall bear the mention “Confidential – Legal Consultation – In-House Counsel” and, as such, shall include the identification of the author and be filed separately within the company’s records.

Legal consultations and their successive versions, which are covered by confidentiality may not be seized or handed over to a third party, including a French or foreign authority, in the context of civil, commercial or administrative proceedings or litigation. However, such confidentiality may not be invoked in criminal or tax proceedings.

The Terlier Law has not yet entered into force: its application is subject to the issuance of a decree of the French Council of State, expected within twelve months of the law’s promulgation and therefore no later than February 2027.

France – Unanimous adoption by the French Senate of a bill aimed at reducing late payments

On 19 February 2026, the French Senate adopted, at first reading and following the initiation of the accelerated procedure, bill aimed at reducing late payments to prevent business failures, which was proposed by Senator Olivier Rietmann on 28 October 2025 (the “Bill”). The text has been transmitted to the French National Assembly for further parliamentary consideration.

The Bill provides for an amendment to Article L.441-16 of the French Commercial Code, relating to the administrative fine incurred in the event of non-compliance with the payment terms set out in Article L.441-10 (I), Article L.441-11 (II), and Articles L.441-12 and L.441-13 of the same code.

It provides that the maximum administrative fine applicable to legal entities will be the higher of the following two amounts: two million euros, or 1% of the worldwide turnover (excluding taxes) achieved during the previous closed financial year. Under the same penalties, clauses or practices that abusively delay the start of payment periods are also prohibited.

Furthermore, the provisions relating to repeated infringements have been amended, providing that the fine is doubled if the breach is repeated within three years (previously two) from the date on which the first sanction decision became final.

The Bill provides that the amendment to Article L.441-16 of the French Commercial Code shall come into force on the day following its publication. This applies to contracts in force on that date, as well as to cases where a repeated breach was sanctioned prior to the law’s entry into force. 

Additionally, the Bill amends Articles L.441-10 and L.441-11 of the French Commercial Code, setting the start of the payment period at the date of receipt of the invoice rather than the invoice issue date. However, this provision will only come into force on 1 January 2030.

Finally, Article L.441-10 of the French Commercial Code is amended by the insertion of a new section (II bis), which specifies that any waiver to late-payment penalties is deemed null and void.

Authored by Charlotte Haddad and Lise Guillard.

France – ACPR updates information on DORA submissions

The Autorité de Contrôle Prudentiel et de Régulation (“ACPR”) updated, on 10 and 12 February 2026, the pages relating to submission procedures and the information to be provided to the ACPR under Regulation 2022/2554 on digital operational resilience in the financial sector (“DORA Regulation”).

The following changes were made:

• For insurance undertakings, the section dedicated to submission procedures under the DORA Regulation, where the ACPR lists in a table the various submission procedures depending on the types of filings provided for under the DORA Regulation (i.e. incident reporting, cyber threat reporting, registers of information, the filing under Article 45.3, and service provider form filing).
• For banking institutions, the page dedicated to the information to be submitted under the DORA Regulation, entitled “Etats et notices Banque”, in which the ACPR provides information on submission procedures as well as specific templates for incident reporting, cyber threat reporting, the filing under Article 45.3, and the service provider form filing.

Source: Update of information on DORA submissions

European Union – EIOPA publishes a public consultation on supervisory statement concerning the authorisation and supervision of (re)insurance undertakings owned by private equity firms

The European Insurance and Occupational Pensions Authority (“EIOPA”) published, on 3 February 2026, a public consultation on the supervisory statement concerning the authorisation and supervision of (re)insurance undertakings owned by private equity firms.

EIOPA identified several risks associated with the ownership of (re)insurance undertakings by private equity firms, including (i) short or misaligned investment horizons, which may conflict with long-term commitments towards policyholders, (ii) significant changes in business models, (iii) increased reliance on reinsurance, in particular with reinsurers located in third countries, and (iv) complex ownership structures.

This consultation therefore sets out, for national supervisory authorities, expectations relating to acquisitions of qualifying holdings, portfolio transfers, merger transactions, as well as ongoing supervision.

Stakeholders may submit their comments on the consultation paper until 30 April 2026.

Source: EIOPA publishes a consultation on supervisory statement concerning the authorisation and ongoing supervision of (re)insurance undertakings owned by private equity firms

European Union – EIOPA publishes a public consultation on the prudential treatment of natural catastrophe adaptation measures under Solvency II

The European Insurance and Occupational Pensions Authority (“EIOPA”) published, on 4 February 2026, a public consultation on the prudential treatment of adaptation measures aimed at assessing the interaction between risk mitigation and capital requirements for natural catastrophe insurance in the context of the adoption of Directive 2025/2 of 27 November 2024, amending Directive 2009/138 of 25 November 2009 (“Revised Solvency II”).

The purpose of this consultation is to assess whether the introduction of a specific treatment under Revised Solvency II would be appropriate in order to better reflect the adaptation measures implemented by policyholders (such as reinforced walls to mitigate flood risks) in the calculation of capital requirements for the natural catastrophe module under the standard formula.

Stakeholders may submit their comments on the consultation paper until 17 April 2026.

Source: EIOPA publishes a public consultation on the prudential treatment of adaptation measures under Solvency II

European Union – AMLA publishes a series of consultations on the implementation of regulatory technical standards

The European Anti-Money Laundering Authority (“AMLA”) published, on 9 February 2026, a series of consultations relating to three draft regulatory technical standards relating to anti-money laundering and counter-terrorist financing:

• Draft regulatory technical standards on the criteria applicable to business relationships, occasional transactions and linked transactions, as well as lower thresholds provided for in Article 19(9) of Regulation 2024/1624 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (“AMLR Regulation”). AMLA specifies the criteria for identifying business relationships, occasional transactions and linked transactions, and considers that, at this stage, the adoption of additional lower customer due diligence thresholds for occasional transactions applicable to obliged entities, sectors or transactions presenting a high level of risk is not justified. Stakeholders may submit their comments on the consultation paper until 8 May 2026.
• Draft regulatory technical standards on customer due diligence. Pursuant to Article 28(1) of the AMLR Regulation, these regulatory technical standards specify, in particular, the requirements and information that obliged entities must collect for the purposes of standard customer due diligence, simplified due diligence and enhanced due diligence. These regulatory technical standards alsoset out the risk factors associated with the features of electronic money instruments that supervisory authorities may take into account when exempting them from certain customer due diligence measures, and specify the characteristics that electronic identification means and qualified trust services must possess in the context of standard, simplified and enhanced customer due diligence. Stakeholders may submit their comments on the consultation paper until 8 May 2026.
• Draft regulatory technical standards on pecuniary sanctions, administrative measures and periodic penalty payments provided for in Article 53(10) of Directive 2024/1640 on the mechanisms to be put in place by Member States for the prevention of the use of the financial system for the purposes of money laundering or terrorist financing, dated 31 May 2024. These regulatory technical standards set out (i) indicators to classify the level of gravity of breaches, (ii) the criteria to be taken into account when setting the level of pecuniary sanctions or applying administrative measures, and (iii) a methodology for the imposition of periodic penalty payments, including their frequency. Stakeholders had until 9 March 2026 to submit their comments.

Source: AMLA publishes a series of consultations on the implementation of regulatory technical standards

European Union –  EIOPA updates guidelines on the supervisory review process and on exposure to market and counterparty risk following the revision of Solvency II

The European Insurance and Occupational Pensions Authority (“EIOPA”) published, on 13 February 2026, two revised sets of guidelines together with their corresponding final reports concerning (i) the supervisory review process and (ii) the treatment of market risk and counterparty risk exposures in the standard formula, following the adoption of Directive 2025/2 of 27 November 2024 amending Directive 2009/138 of 25 November 2009 (“Revised Solvency II”).

The revised guidelines on the supervisory review process (EIOPA-BoS-25/660) drafted pursuant to Article 36 of Solvency II, have been revised in order to ensure their alignment with recent developments and supervisory best practices, and to take into account the emergence of new topics and trends. They include, in particular, new sections in areas such as business model analysis, joint on-site inspections, early intervention measures, pre-emptive recovery planning, and conduct supervision. They also introduce new guidance on emerging risks, the supervision of ICT risks, technology supervision and sustainability-related risks. These guidelines will apply from 30 January 2027 and repeal and replace the Guidelines on the supervisory review process (EIOPA-BoS-14-178).

The revised guidelines on the treatment of market risk and counterparty risk exposures in the standard formula (EIOPA-BoS-25/664) drafted pursuant to Articles 104 and 105 of Solvency IIand Articles 164 to 202 of Delegated Regulation 2015/35 supplementing Directive 2009/138/EC of 10 October 2014 were revised in order to update the legal references and to clarify and simplify the text. In particular, three guidelines were deleted, as their content was already sufficiently clear from the provisions of Solvency II. Another guideline was removed in order to ensure alignment with the existing regulatory framework, and a new guideline was introduced to clarify the treatment of leveraged funds. A consolidated version of these guidelines will be published on EIOPA’s website and will become applicable two months after their translation into the official languages of the European Union.

Source: EIOPA updates guidelines on the supervisory review process and on exposure to market and counterparty risk following the revision of Solvency II

European Union – EIOPA publishes several guidelines and draft regulatory technical standards under the IRRD

Following the public consultation launched on 29 April 2025, the European Insurance and Occupational Pensions Authority (“EIOPA”) published, on 16 February 2026, the final reports relating to several guidelines and draft regulatory technical standards in connection with Directive 2025/1 of 27 November 2024 establishing a framework for the recovery and resolution of insurance and reinsurance undertakings (“IRRD”):

• Draft regulatory technical standards on the content of pre-emptive recovery plans (individual and group) (EIOPA-BoS-25-711), under Article 5(12) of the IRRD specifying the minimum requirements to be included in pre-emptive recover plans.
• Draft regulatory technical standards on criteria for pre-emptive recovery planning requirements and methods to be used when determining the market shares (EIOPA-BoS-25-712), under Article 5(12) of the IRRD specifying the criteria that supervisory authorities must use to determine which (re)insurance undertakings and groups are required to draw up pre-emptive recovery plans, in particular with regard to the cross-border activity referred to in the first subparagraph of Article 5(2) of the IRRD. They also specify the methods to be used for determining the market shares referred to in the second and third subparagraphs of Article 5(2) of the IRRD.
• Draft regulatory technical standards on the content of resolution plans and group resolution plans (EIOPA-BoS-25-713), under Articles 9(8) and 10(6) of the IRRD listing the elements to be included in resolution plans and group resolution plans. 
• Guidelines further specifying the criteria for the identification of critical functions (EIOPA-BoS-25-714) pursuant to Article 9(9) of the IRRD, in particular in order to determine the critical nature of a function whose interruption could have an impact on policyholders, beneficiaries and the wider economy, including financial stability. These guidelines will apply from 30 January 2027.
• Guidelines further specifying the matters and criteria for the assessment of the resolvability of undertakings or groups (EIOPA-BoS-25-715) pursuant to Article 13(5) of the IRRD, building on the resolvability dimensions set out in the Annex to the IRRD, which resolution authorities must assess at a minimum. EIOPA should publish these guidelines by 29 January 2027, and they will apply from 30 January 2027.
• Guidelines providing further clarification on measures to remove impediments to resolvability and the circumstances in which each measure may be applied (EIOPA-BoS-25-716). Pursuant to Article 15(8) of the IRRD, these guidelines provide further clarification on the alternative measures listed in Article 15(5) of the IRRD that resolution authorities may adopt in order to address or remove impediments to resolvability, by further specifying the content of those measures and the circumstances in which they may be applied. These guidelines will apply from 30 January 2027.

Source: Publication of several guidelines and draft regulatory technical standards under the IRRD

Authored by Ghina Farah and Maxime Kaya.

European Union – European Parliament report on generative artificial intelligence and copyright

On 25 February 2026, the Committee on Legal Affairs (JURI) of the European Parliament published a report entitled “Copyright and Generative Artificial Intelligence, Opportunities and Challenges”, within the framework of the own-initiative procedure 2025/2058(INI) (report A10-0019/2026). The report examines the legal issues arising from the development of generative artificial intelligence in relation to copyright within the European Union. It recalls the importance of the protection of intellectual property enshrined in Article 17 of the Charter of Fundamental Rights of the European Union, as well as the need to ensure effective protection for right holders in the digital environment. In particular, the document analyses the use of protected works in the training processes of generative artificial intelligence systems and the implications of such practices for right holders. This own-initiative report is intended to inform the European institutions on the legal challenges raised by generative AI in the field of copyright and to guide future legislative work of the European Union in this area.

Generative AI and Copyright

Authored by Iris Accary and Juliette Commeau.

France – Decentralized medical biology: new conditions for performing tests outside laboratories

The Order of February 4, 2026, published in the Official Journal on February 7, 2026, amends the Order of August 13, 2014, in order to broaden and specify the conditions under which the analytical phase of medical biology examinations may be performed outside a laboratory, for reasons related to the patient's state of health. Issued on the basis of Articles L. 6211-8-1, L. 6211-13, L. 6211-14, and L. 6211-18 of the Public Health Code, and following the opinion of the High Authority for Health of December 18, 2025, the text establishes the list of eligible locations: medical practices, multi-professional healthcare homes, health centers, Maternal and Child Protection services, residential care facilities for dependent elderly persons (EHPAD), Free Information, Screening and Diagnostic Centers (CeGIDD), sexual health centers, and sanitary vehicles during medicalized transport. The performance of the analytical phase in these structures, with the exception of sanitary vehicles, is subject to an authorization issued by the Director General of the Regional Health Agency (ARS), requested jointly by the structure and the partner laboratory, based on criteria relating to the local supply of medical biology services, the needs of the population, the turnaround times for obtaining results, and the geographical specificities of the territory. It furthermore entails the conclusion of an agreement between the laboratory and the structure, as well as the concomitant submission of an accreditation application to the French Accreditation Committee, although examinations may begin upon receipt of the filing acknowledgment. The order sets out in its annex the lists of authorized examinations, differentiated according to the categories of locations, including in particular biochemical panels and cardiac markers, respiratory virological tests, and screening examinations for sexually transmitted infections for dedicated structures such as CeGIDDs and sexual health centers.

France – Framework for the refurbishment and reuse of single‑use medical devices

Two orders from February 2026 complete the implementation of the regulatory framework for the restoration to good working order (RBUE) of individual-use medical devices, established by Decree No. 2025-247 of March 17, 2025, issued pursuant to Article L. 5212-1-1 of the Public Health Code. This decree laid the foundations of this unprecedented regime in French law: defining RBUE as the set of upkeep and maintenance operations carried out on a device already put into service with a view to allowing its redistribution to other patients, mandatory certification of operators, and the implementation of a traceability system. The two orders complement this framework by specifying its practical contours. The first, dated February 24, 2026, establishes the list of devices eligible for this activity: fourteen categories, all registered on the list of reimbursable products and services (Art. L. 165-1 CSS), which include medical beds, the main mobility aids (canes, crutches, walkers, standing and lifting devices, vehicles for disabled persons), certain off-the-shelf orthoses (lumbar belts, cervical collars, orthopaedic correction devices, excluding thermoformable devices), as well as sensory aids (frames, visual aids for amblyopes, hearing aids). The second order, dated February 26, 2026, makes the French standard NF S97-414:2026, relating to the general and safety requirements applicable to the RBUE activity, binding upon certified operators, thus guaranteeing a harmonized level of quality and safety of use for reconditioned devices; any equivalent standard legally recognized in another Member State of the European Union, the EEA, or Turkey may be substituted for it.

Authored by Joséphine Pour & Gauthier Zimmer.

France –Legal professional privilege for in-house counsel legal advice: new framework enacted

Law No. 2026-122 of February 23, 2026, which was published in the OJ of February 25, 2026, following the decision of the Conseil constitutionnel of February 18, 2026, establishes a protection regime for legal advice drafted by in-house counsel. This new framework, integrated into the Law of December 31, 1971, provides that legal opinions are covered by confidentiality provided that the counsel holds a Master's degree in law (or equivalent), has completed specific ethical training, and the document bears the mandatory seal "Confidential - Legal Consultation - In-house Counsel".

Such consultations are now protected against any seizure or disclosure to third parties in the context of civil, commercial, or administrative proceedings. However, the text specifies that this confidentiality cannot be invoked in criminal or tax proceedings, nor against the oversight powers of the European Commission or other EU authorities. In the event of a dispute regarding the nature of a document during a seizure, the law provides for the intervention of a court enforcement officer to place the items under seal pending arbitration by a judge.

Source: Law No. 2026-122 of February 23, 2026

Authored by Nicolas Rohfritsch and Guillaume Vermersch.

France – Public procurement and energy codes: simplification of certain regulations concerning local public action, local authorities, and their groupings

Decree no. 2026‑117 on measures to simplify local public action and the regulations applicable to local authorities and their groupings, published in the official journal of the French Republic (OJFR) on 21^st February 2026 and adopted as part of the “France simplification” and “Roquelaure simplification” initiatives, amends several codes, including the public procurement code and the energy code.

In section 2 concerning article R.2172‑2 of the public procurement code, the decree exempts local authorities, local public institutions, and groupings of local authorities from the obligation to organise a design competition for awarding a project management contract when the estimated value of the needs is below €300,000 excluding VAT. This threshold may be adjusted by decree.

Concerning the energy code, section 8 of the decree simplifies several rules governing hydraulic installations. Notably, it streamlines the processing of applications for works shared between concession and non‑concession areas, amends article R.521‑52 of the energy code to require concessionaires to submit to the granting authority an overview of works identified as necessary for the preparation and development of future operations, and amends article R.521‑55 of the same code to allow concessionaires to propose and carry out preliminary works, which may subsequently be reimbursed through the dedicated account.

France – Adoption of a new multi-year energy program 

Decree no. 2026‑76 of 12 February 2026 on the multi‑year energy program (“PPE”), published in the official journal of the French Republic (OJFR) on 13 February 2026, sets out new priority actions for public authorities in managing energy sources across continental metropolitan France for the 2026–2035 period.

The new PPE, annexed to the decree, is structured around three main pillars (energy supply security, energy price control, and the fight against climate change). Each pillar is detailed and accompanied by objectives as well as prescriptive or incentive‑based tools to support their implementation.

In addition to adopting the PPE, the decree introduces a ban, until 31^st December 2028, on accelerating the pace of public support awards for onshore wind and photovoltaic projects and, from that date onwards, it allows for the adjustment of the capacity to be awarded or contracted for renewable electricity generation facilities. With respect to onshore wind specifically, priority should be given to repowering existing wind farms. Finally, by the end of 2026, the Government will publish a report on developments in electricity consumption, the deployment of decarbonised electricity generation capacity, and the expansion of decarbonised flexibility resources.

France – New regime for occupancy fees for electricity transmission and distribution infrastructure

Decree no. 2026‑98  establishing the regime governing fees owed for the occupation of the State’s public domain and that of its public institutions by electricity transmission and distribution infrastructure, published in the official journal of the French Republic (OJFR) on 18 February 2026, introduces new provisions into the energy code concerning domain occupancy fees applicable to electricity transmission and distribution. It also repeals decree no. 56‑151 of 27 January 1956 governing the previous fee regime.

The decree sets out, in particular, the fees applicable to operators of public electricity networks for occupying the State’s or its public institutions’ public domain with transmission or distribution infrastructure, depending on the type of occupation. Each year on 1^st January, the fees amounts are adjusted in line with the engineering index. In addition to paying these fees, transmission and distribution network operators must cover any new costs their network infrastructure imposes on public‑domain managers.

Furthermore, the decree exempts from any prior competitive bidding procedure or publicity procedure the issuance of an occupancy deed to the benefit of public electricity network operators.

Finally, the decree postpones to 1^st January 2027 its application to existing public‑domain occupancy authorisations or agreements in force on the date it enters into effect.

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