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(c)
The technical characteristics and date, time and duration of each communication;
(d)
Data relating to the additional services requested or used and the providers of those services;
(e)
Data identifying the addressee or addressees of the communication.
II.
In the case of telephony activities, the operator shall retain the data referred to in point II and,
additionally, data enabling the origin and location of the communication to be identified.
III.
The data referred to in this article shall be retained for one year from the date of registration.
IV.
Identifiable and specific additional costs borne by operators which have been ordered by
judicial authorities to provide data falling within the categories mentioned in this article shall be
offset in accordance with the methods laid down in Article R. 213‑1 of the code de procédure
pénale (Code of Criminal Procedure).’
48
Article R. 10‑14 of the CPCE provides:
‘I.
Pursuant to point IV of Article L. 34‑1, electronic communications operators are authorised to
retain technical data identifying the user and the data mentioned in Article R. 10‑13(I)(b), (c) and
(d) for the purposes of their billing and payment operations.
II.
In the case of telephony activities, operators may retain, in addition to the data mentioned in
point I, technical data relating to the location of the communication and the identification of the
addressee or addressees of the communication and data for billing purposes.
III.
The data mentioned in points I and II of this article may be retained only if it is necessary for
billing purposes and for the payment of services rendered. Its retention shall be limited to the time
strictly necessary for that purpose and shall not exceed one year.
IV.
Operators may retain the following data for a period not exceeding three months to ensure
the security of networks and facilities:
(a)
Data identifying the origin of the communication;
(b)
The technical characteristics and date, time and duration of each communication;
(c)
Technical data identifying the addressee or addressees of the communication;
(d)
Data relating to the additional services requested or used and the providers of those services.’
Loi n° 2004‑575 du 21 juin 2004 pour la confiance dans l’économie numérique (Law No 2004‑575
of 21 June 2004 to promote trust in the digital economy)
49
Article 6 of Loi n° 2004‑575 du 21 juin 2004 pour la confiance dans l’économie numérique (Law
No 2004‑575 of 21 June 2004 to promote trust in the digital economy) (JORF of 22 June 2004,
p. 11168; ‘the LCEN’) provides:
‘I.
1. Persons whose business is to provide access to online public communication services shall
inform their subscribers of the existence of technical tools enabling access to some services to be
restricted or for a selection of those services to be made and shall offer them at least one of those
tools.
…
2.
Natural or legal persons who, even free of charge, and for provision to the public via online
public communications services, store signals, writing, images, sounds or messages of any kind
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