French Regime Adopts Long-Awaited Decree Compensating Isps For Hadopi-Relatedtasks

Last Th (March 9, 2017) the French regime lastly adopted the long-awaited decree setting out the method of calculation for compensating ISPs for their participation inwards the so-called graduated reply organisation (overseen yesteryear HADOPI).

Decree 2017-313 adds a Section R. 331-37-1 to the Intellectual Property Code that sets out the excess costs amongst honor to which the Internet service provider may claim compensation, namely those specifically identified equally relating to:

a) the blueprint in addition to deployment of data systems or, where applicable, their adaptation, necessary for the processing of subscriber identification requests;

b) the performance in addition to maintenance of data systems necessary for the processing of subscriber identification requests; and

c) personnel related to the processing of subscriber identification requests.

Where identification requests processed during a given twelvemonth yesteryear an Internet service provider overstep a threshold justifying automating the processing, the costs referred to inwards a) in addition to b) are to live compensated yesteryear an annual lump-sum.  Those related to c) are to live compensated for each asking according to rates based on the nature of the request. Where identification requests processed during a given twelvemonth yesteryear an Internet service provider are less than the threshold, the costs referred to inwards b) in addition to c) are to live compensated for each asking according to rates based on the nature of the request.

Influenza A virus subtype H5N1 subsequent ministerial gild volition gear upwards the threshold, the annual lump-sum compensation in addition to the rates. 

Text of decree (in French)  here