France: Decree No. 2025-768 on the establishment of a connection threshold for the temporary retention of illegal content by online platform operators enters into force

On 7 August 2025, the Decree No. 2025-768 on the establishment of a connection threshold from which online platform operators are required to temporarily retain illegal content that has been reported and removed or made inaccessible enters into force. Online platforms are defined under point (i) of Article 3 of Regulation (EU) 2022/2065 on a Single Market for Digital Services (Digital Services Act). The decree, applicable in mainland France, New Caledonia, French Polynesia, and the Wallis and Futuna Islands, sets this threshold at 10 million unique monthly visitors from French territory, calculated on the basis of the previous calendar year, pursuant to Article 6(VI) of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, as amended by Article 48 of Law No. 2024-449 of 21 May 2024 on securing and regulating the digital space. It repeals Decree No. 2022-32 of 14 January 2022 adopted under Article 42 of Law No. 2021-1109 of 24 August 2021 on upholding respect for the principles of the Republic and concerning the establishment of a connection threshold for online platform operators in combating the public dissemination of illegal content.