Decrees, orders, circulars
Ministry of the Economy, Finance and Industry
Decree n ° 2003-752 of August 1, 2003 relating to universal directories and universal information services and amending the postal and telecommunications code
The Prime Minister,
On the report of the Minister for the Economy, Finance and Industry and the Minister for Industry,
Having regard to Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data;
Having regard to Directive 97/66 / EC of the European Parliament and of the Council of December 15, 1997 concerning the processing of personal data and the protection of privacy in the telecommunications sector;
Having regard to Directive 98/10 / EC of the European Parliament and of the Council of February 26, 1998 concerning the application of the provision of an open network (ONP) to voice telephony and the establishment of a universal telecommunications service in a competitive environment ;
Having regard to the Post and Telecommunications Code, and in particular its Articles L. 33-4, L. 33-4-1 and L. 35-4;
Having regard to the penal code, in particular its articles 121-2, 131-41, 226-18 and 226-21;
Having regard to the code of criminal procedure, in particular its articles 529 and R. 48-1;
Considering the law n ° 89-1008 of December 31, 1989 relating to the development of the commercial and craft enterprises and the improvement of their economic and social environment, in particular its article 10;
Considering the decree n ° 96-1225 of December 27, 1996 approving the specifications of France Telecom;
Having regard to the opinion of the Higher Commission for the Public Service of Posts and Telecommunications dated February 18, 2002;
Having regard to the opinion of the Telecommunications Regulatory Authority dated February 21, 2002; Having
heard the Council of State (public works section),
Articles R. 10-1, R. 10-2 and R. 11 of the Post and Telecommunications Code are replaced by Articles R. 10 to R. 11 worded as follows, which constitute a section 3 bis inserted in Chapter II of title I of book II of the second part of the code, after article R. 9-12.
“Universal directories and universal information services
“Art. R. 10. – Anyone who has subscribed to the public telephone service has the right to appear free of charge on a list of subscribers or users intended for publication.
“It can obtain free of charge from the operator with which it subscribes or from the distributor of this service:
” 1. Not to be mentioned on the lists of subscribers or users published or likely to be consulted by the universal services information;
“2. That these lists do not include the full address of his domicile except when the mentioned professional activity consists in providing goods or services to consumers;
“3. That these lists do not contain a reference to his sex, subject to the absence of
“4. That the personal data concerning him from the lists of subscribers or users are not used in direct prospecting operations either by post or by telecommunications, without prejudice to the provisions of article L. 33-4-1, with the exception of operations relating to the provision of telephone service to the public and falling under the contractual relationship between the operator and the subscriber.
“5. That this data is not mentioned on lists of subscribers or users allowing the reverse search of the identity of the subscriber and the user from his telephone number.
“Subscribers are informed by the operators or their distributors of the rights mentioned in the previous paragraphs when they take out their subscription. These rights can be exercised when taking out the subscription or, subsequently, at any time, with the operator or distributor of the service.
“The subscribers who have requested the benefit of the provisions provided for in 1 above benefit as of right from the provisions of 4.
“Subscribers who have opted for a fully prepaid mode of payment for their communications and who have no contractual commitment of duration with their operator must, in order to appear on the lists of subscribers or users mentioned in the first paragraph, formulate a request from their operator or distributor. To this end, they provide the information provided for in I of article R. 10-3.
“Art. R. 10-1. – The fact of using, in direct prospecting operations, personal data contained in the lists of subscribers or users of the public telephone service relating to persons who have expressed their opposition, by application of the provisions of 4 of Article R. 10, regardless of the mode of access to these data, is punished, for each correspondence or each call, by the fine provided for contraventions of the fourth class, without prejudice to the application of the first paragraph of article 226-18 of the penal code.
“Direct prospecting of natural persons in violation of the provisions of the first paragraph of Article L. 33-4-1 is punished, for each communication, by the fine provided for contraventions of the fourth class, without prejudice to the application of the first paragraph of article 226-18 of the penal code.
“Art. R. 10-2. – People who have subscribed to the telex service can request to be registered free of charge in the file established by article 10 of law n ° 89-1008 of December 31, 1989, established and updated by the operator responsible for compulsory telex service in application of article L. 35-5.
“Direct prospecting by telex of any person registered in this file is prohibited. This prohibition takes effect immediately when the registration request is made at the time of taking out the subscription. It takes effect two months after the date of the request when this is after the subscription was taken out.
“The fact of contravening the prohibition enacted in the preceding paragraph is punished, without prejudice to the application of the first paragraph of article 226-18 of the penal code, for each copy of the message sent by telex, of the fine foreseen for contraventions of the fourth class.
“Any supplier to the public of a telex service or any distributor of such a service informs each subscriber of the possibility provided for in the first paragraph and sends him a form allowing him to express his choice. When the subscriber requests his registration in the file, the service provider or his distributor notifies him of the date on which his registration is effective.
“Art. R. 10-3. – I. – The operators draw up the lists of subscribers and users mentioned in the third paragraph of article L. 33-4.
“These lists contain data making it possible to identify subscribers or users, to prevent any confusion between people and to take cognizance of the objections which have been formulated in application of article R. 10.
“Without prejudice to the provisions of 1, 2 and 3 of article R. 10, this data consists of the names, first names and, where applicable, the company names or company names, addresses and telephone numbers of subscribers to the service. telephone to the public and its users. Fixed telephony subscribers may request the inclusion in the lists of data relating to other users of the line concerned, subject to their agreement, which must accompany the request.
“The operators insert in the lists the mention of the profession or activity of the people who request it under their responsibility. They can also propose the insertion of the e-mail addresses of subscribers or users.
“The lists show the objections that subscribers or users have formulated in application of article R. 10.
” II. – The operators each take the necessary precautions to ensure the accuracy of the data appearing in the lists and the quality, particularly technical, of these lists which must be updated.
“In order for the corresponding data to be taken into account in these lists, the distributors send each operator, within one day of the date of the subscription of the contract, the data relating to the subscriber with whom a contract has been made. sign.
“Art. R. 10-4. – I. – The operators communicate the lists of subscribers and users provided for in the third paragraph of article L. 33-4 to any person wishing to publish a universal directory or provide a universal information service under the following conditions:
” – either in the form of a file;
“- or by access to a database that operators are required to update within a period not exceeding two working days following the subscription of the contract by the subscriber or the receipt of the useful data transmitted by distributors.
“The data communicated concerns either all subscribers and users domiciled in France, or subscribers and users domiciled in the municipality or municipalities of the geographical area making the
“The terms of access to this database, the data format as well as the characteristics of the file mentioned in the second paragraph are defined by agreement between the applicant and the operator.
“Prior to any communication of the lists that they have established, the operators remove from them the data relating to the subscribers and users who have requested both the benefit of the provisions of 1 and 5 of article R. 10.
” II. – The use of the lists obtained by application of the third paragraph of article L. 33-4 for purposes other than the provision of universal directories or universal telephone directory inquiry services is prohibited.
“Unless otherwise stipulated in the contract, any sale of the lists obtained by application of the third paragraph of article L. 33-4 is prohibited.
“Without prejudice to the application of the penalties provided for in article 226-21 of the penal code, the fact of contravening the provisions of II of this article is punished, for each subscriber concerned, by the fine provided for contraventions of the fourth class.
“Art. R. 10-5. – Universal directory publishers and universal information service providers take the necessary measures to preserve, taking into account available techniques, the security of the information communicated to them in application of Article L. 33-4 in order to ” prevent the alteration, destruction or communication to unauthorized third parties of the files and data they contain. They take all measures, in particular contractual ones, vis-à-vis their agents and their commercial partners so that they respect the confidentiality of the information which has been entrusted to them, if applicable.
“Universal directory publishers and universal information service providers must not carry out or allow anyone to carry out operations tending to isolate within the lists mentioned in the first paragraph the subscribers of an operator or a distributor particular.
“Publishers of universal directories and providers of universal information services process and present in a non-discriminatory manner the data relating to subscribers communicated to them by the operators. In particular, they refrain from any discrimination based on operator or distributor.
“Advertising insertions or other services allowing professionals who so wish to appear in universal directories in a particular way must be identified as such.
“When a person with several subscription contracts makes use of the rights provided for in Article R. 10 in a different way depending on the operators, the publishers of the universal directory and the providers of the universal information service must apply to the data to personal nature concerning it either all the protections it has chosen from the different operators, or the strongest protection it has chosen from one of the operators.
“Art. R. 10-6. – The communication of the lists of subscribers and users, by application of the third paragraph of article L. 33-4, gives rise to remuneration of the operators who communicated this data.
“The tariffs for this communication, which reflect the cost of the service provided, are established by each operator according to the following principles:
” 1. The costs taken into account for setting the tariff are those caused, directly or indirectly, by the provision of subscriber lists. These costs may in particular include a portion linked to the depreciation of the necessary computer hardware and software and a normal return on capital employed.
“2. The costs which are specific to the supply of subscriber lists are fully taken into account in setting the tariff. Costs linked to other activities of the operator are excluded.
“Art. R. 10-7. – Subject to the provisions of 1, 2, 3 and 5 of article R. 10, any universal directory in printed or electronic form and any universal information service give access to first and last names, company names or company names, addresses and telephone numbers of all subscribers to the public telephone service and users who have expressed their consent. They also give access to the mention of the profession of people who so wish under the conditions provided for in the fourth paragraph of article R. 10-3.
“Any electronic universal directory also gives access to the electronic addresses appearing in the lists of subscribers and users.
“Any universal directory shows the oppositions that subscribers and users have expressed in application of 4 of article R. 10.
” Any universal directory contains information that is easily accessible to any user relating to:
“- all rights provided for in article R. 10;
“- the right for each person to obtain communication of personal data concerning him and to request their rectification, updating or destruction.
“Art. R. 10-8. – The universal directory in printed form that France Telecom publishes in application of article L. 35-4 is published each year on a date made known to the public.
“The universal directory in electronic form provided for by the same provisions allows immediate public access, at an affordable price, to the information it contains and which is regularly updated.
“France Telecom makes available free of charge to any subscriber to the public telephone service a copy of the departmental volumes of the universal directory of the department in which the subscription was taken out, including when the party concerned has made use of the rights provided for in Article R. 10. When several subscribers have the same domicile or when the same person has several subscriptions corresponding to the same address, a single free copy is made available. France Telecom offers the universal directory for sale at an affordable price.
“The universal information service provided by France Telecom is accessible at an affordable price.
“Art. R. 10-9. – The use of any document imitating those used by providers of public telephone service in their dealings with their subscribers, in particular invoices, is prohibited.
“The use of any document imitating those used by the concessionaires of advertising in the directories of subscribers to the public telephone service to collect advertising subscriptions to be inserted in these directories is prohibited.
“The fact of contravening the provisions of this article is punished, for each document put into circulation, by the fine provided for fourth class contraventions.
“Art. R. 10-10. – Legal persons can be declared criminally responsible, under the conditions provided for by article 121-2 of the penal code, for the offenses defined in articles R. 10-1, R. 10-2, R. 10-4 and R. 10-9.
“The penalty incurred by legal persons is the fine, in accordance with the terms set out in article 131-41 of the penal code.
“Art. R. 11. – As provided for in Article R. 48-1 of the Code of Criminal Procedure, the provisions of Article 529 of the Code of Criminal Procedure relating to the fixed fine are applicable to the offenses defined in Articles R. 10-1, R. 10-2, R. 10-4 and R. 10-9 of this code. “
Article R. 48-1 of the Code of Criminal Procedure is supplemented by a paragraph worded as follows:
“5 ° Contraventions punishable by the Post and Telecommunications Code provided for by articles R. 10-1, R. 10-2, R . 10-4 and R. 10-9. “
Article 5 of the specifications annexed to decree n ° 96-1225 of December 27, 1996 referred to above is replaced by the following provisions:
“Art. 5. – Universal directory and universal information service.
“France Telecom publishes a universal directory in printed and electronic form and provides a universal information service under the conditions provided for in Articles L. 35-4, R. 10-7 and R. 10-8 of the Post and Telecommunications Code. “
The operators and their distributors inform the subscribers who did not benefit, before the entry into force of this decree, of an offer of insertion in the lists of subscribers or users intended to be published or accessible by a information service:
– the provisions provided for in article R. 10;
– the nature of the personal data mentioned in I of article R. 10-3 and appearing on these lists;
– the provisions provided for in the following paragraph.
Subscribers notify their operator or distributor, within six months of receiving the information provided for in the previous paragraph, of their refusal to appear on these lists. Failing this, they are deemed to have consented to be mentioned therein. In this case, the provisions of 4 and 5 of article R. 10 are automatically applicable to them.
The operators and their distributors enable the subscribers mentioned in the last paragraph of article R. 10 to take note of the information provided for in the first paragraph of this article.
Without prejudice to the automatic application of article 1 in Mayotte, by virtue of 8 ° of I of article 3 of law n ° 2001-616 of July 11, 2001, articles 2 to 4 of this decree are applicable to Mayotte.
The Keeper of the Seals, Minister of Justice, the Minister of the Economy, Finance and Industry, the Minister of Overseas Territories and the Minister Delegate for Industry are responsible, each as far as he is concerned. , the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, August 1, 2003.
By the Prime Minister:
The Minister for Industry,
The Keeper of the Seals, Minister of Justice,
The Minister of the Economy,
Finance and Industry,
The Minister of Overseas,