Paragraph 1: Recommendations sent to subscribers

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Article L331-20

French Intellectual Property CodeIn force
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Updated 8 Nov 2023

When facts likely to constitute a breach of the obligation defined in article L. 336-3 are brought to its attention, the Autorité de régulation de la communication audiovisuelle et numérique may send the subscriber, under its stamp and on its behalf, by electronic means and via the person whose activity is to offer access to online public communication services who has entered into a contract with the subscriber or by ordinary letter, a recommendation reminding the subscriber of the provisions of article L. 336-3, enjoining the subscriber to comply with the obligation defined therein and warning of the penalties incurred pursuant to articles L. 335-7 and L. 335-7-1. This recommendation also contains information for the subscriber on the legal offer of online cultural content, on the existence of security measures to prevent breaches of the obligation defined in article L. 336-3 and on the dangers for the renewal of artistic creation and for the economy of the cultural sector of practices that do not respect copyright and related rights.

If facts likely to constitute a breach of the obligation defined in Article L. 336-3 are repeated within six months of the recommendation referred to in the first paragraph being sent, the authority may send a new recommendation containing the same information as the previous one by electronic means under the conditions set out in the first paragraph. This recommendation must be accompanied by a letter delivered against signature or by any other means capable of establishing proof of the date of presentation of this recommendation.

Recommendations sent on the basis of this article shall mention the date and time on which the facts likely to constitute a breach of the obligation defined in article L. 336-3 were noted. They shall not specify the content of the protected works or objects concerned by this breach. They shall indicate the postal and electronic contact details where the addressee may, if he or she so wishes, send observations to the authority.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

English · French · Russian

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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