[{"url":"https://www.arcom.fr/en/find-out-more/legal-area/legal-resources/opinion-27-july-2026-amendment-terms-reference-and-specifications-national-programme-companies-france-televisions-radio-france-and-france-medias-monde","source":"Arcom Textes juridiques","description":"The French regulatory authority for audiovisual and digital communication (hereinafter ‘Arcom’), Having regard to Act No. 86-1067 of 30 September 1986, as amended, on freedom of communication, in particular Articles 3-1 and 48 thereof; Having regard to the Decree of 13 November 1987, as amended, approving the terms of reference and specifications of Radio France and the National Audiovisual Institute; Having regard to Decree No. 2009-79 of 23 June 2009, as amended, laying down the terms of reference for the national broadcaster France Télévisions; Having regard to Decree No. 2012-85 of 25 January 2012, as amended, laying down the terms of reference of the national broadcasting organisation responsible for France’s international audiovisual services (France Médias Monde); Having regard to the submission of a case before the court on 20 July 2026 concerning a draft decree amending the terms of reference and specifications of the national broadcasting organisations; Having deliberated on 27 July 2026, issues the following opinion: By letter dated 20 July 2026, the Government referred to Arcom a draft amendment to the decrees approving the terms of reference and conditions of France Télévisions, Radio France and the company responsible for France’s audiovisual services (France Médias Monde). These amendments are intended, in particular, to implement notices Nos. 1 to 4, 6 to 9 and 14 of the remit entrusted to Mr Bruno Lasserre, Honorary Vice-President of the Council of State, concerning the impartiality of the audiovisuel public service broadcasting, the conclusions of which were made public on 29 May 2026. In this regard, ARCOM welcomes the swift implementation of the proposals in the Lasserre report falling within its regulatory remit. The draft legislation submitted for its consideration makes it possible, in particular, to better define the scope of the requirement for impartiality and to enshrine it explicitly in the legislation setting out the obligations of public service broadcasters in the audiovisual sector. These new requirements will, however, necessitate the allocation of dedicated means, in particular to deal with the submission of cases before the court and to improve the functioning of the committees on integrity, independence and plurality of information and programmes (CHIPIP). The draft decree also summons ARCOM to make the following comments. I. – Provisions relating to the impartiality of public audiovisuel broadcasting Clarification of the requirement for impartiality and the obligations arising therefrom The draft decree clarifies the requirement for ‘impartiality in the public audiovisual industry’ set out in Article 3-1 of the Act of 30 September 1986, which is defined as ‘ an essential condition for building the necessary trust between the public, in all its diversity, and the public service, a common good that belongs to all”, implying “a duty to set an example in terms of transparency and honesty in reporting, as well as respect for the plurality of schools of thought and opinion ’ without hindering ‘the definition of an editorial line which, whilst implementing these principles, sets the services offered by the company apart’. The draft decree echoes the wording of the first notice of the Lasserre report and specifies in this regard that the requirement is to be assessed in a manner proportionate to the nature and format of the programmes and entails: the adoption, by each national broadcaster, of an editorial charter setting out the ethical rules applicable to news and the programmes that contribute to it; the establishment of proceedings for handling complaints regarding compliance with the charter; the publication of an annual report on the public’s perception of the impartiality of the services provided by the aforementioned broadcasters. As part of the monitoring of compliance with the terms of reference and specifications, Arcom, which is legally responsible for","pubDate":"Thu, 22 Oct 2026 08:04:53 +0200","id":3233315,"titre":"Opinion of 27 July 2026 on the amendment of the terms of reference and specifications of the national programme companies France Télévisions, Radio France and France Médias Monde"},{"description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","pubDate":"Fri, 12 Sep 2025 15:51:31 +0200","id":2368407,"titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","source":"EDPB News"}]