French Government Adopts Long-Awaited Decree Compensating ISPs for HADOPI-relatedTasks

Last Thursday (March 9, 2017) the French government finally adopted the long-awaited decree setting out the method of calculation for compensating ISPs for their participation in the so-called graduated response system (overseen by HADOPI).

Decree 2017-313 adds a Section R. 331-37-1 to the Intellectual Property Code that sets out the excess costs with respect to which the ISP may claim compensation, namely those specifically identified as relating to:

a) the design and deployment of information systems or, where applicable, their adaptation, necessary for the processing of subscriber identification requests;

b) the functioning and maintenance of information 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 year by an ISP exceed a threshold justifying automating the processing, the costs referred to in a) and b) are to be compensated by an annual lump-sum.  Those related to c) are to be compensated for each request according to rates based on the nature of the request. Where identification requests processed during a given year by an ISP are less than the threshold, the costs referred to in b) and c) are to be compensated for each request according to rates based on the nature of the request.

A subsequent ministerial order will set the threshold, the annual lump-sum compensation and the rates. 

Text of decree (in French)  here