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provided by recipients of those services, may not incur any civil liability for the activities or
information stored at the request of a recipient of those services if they had no actual knowledge of
either the unlawful nature of the activities or information in question or of the facts and
circumstances pointing to their unlawful nature, or if, as soon as they became aware of that
unlawful nature, they acted expeditiously to remove the data at issue or block access to them.
…
II.
The persons referred to in point I(1) and (2) shall keep and retain the data in such a way as to
make it possible to identify anyone who has assisted in the creation of all or part of the content of
the services of which they are the providers.
They shall provide persons who publish an online public communication service with technical
tools enabling them to satisfy the identification conditions laid down in point III.
A judicial authority may require the service providers mentioned in point I(1) and (2) to
communicate the data referred to in the first paragraph.
The provisions of Articles 226‑17, 226‑21 and 226‑22 of the Criminal Code shall apply to the
processing of that data.
A decree adopted in the Conseil d’État (Council of State, France) following consultation of the Data
Protection Authority shall define the data referred to in the first paragraph and determine the period
for which, and the methods by which, that data is to be retained.
…’
Decree No 2011‑219
50
Chapter I of Decree No 2011‑219, adopted on the basis of the last paragraph of Article 6(II) of the
LCEN, contains Articles 1 to 4 of that decree.
51
Article 1 of Decree No 2011‑219 provides:
‘The following data is the data referred to in Article 6(II) of the [LCEN], which persons are
required to retain under that provision:
1.
For the persons referred to in point I(1) of that article and for each connection of their
subscribers:
(a)
The connection identifier;
(b)
The identifier assigned by those persons to the subscriber;
(c)
The identifier of the terminal used for the connection when they have access to it;
(d)
The date and time of the start and end of the connection;
(e)
The characteristics of the subscriber’s line.
2.
(a)
For the persons referred to in point I(2) of that article and for each creation operation:
The identifier of the connection giving rise to the communication;
(b)
The identifier assigned by the information system to the content forming the subject of the
operation;
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