The Council of State Overturns the « Graduated Response » in the Name of European Law

Posted by Emmanuel Torregano le 30 avril 2026

The Council of State has partially struck down the Hadopi decree for non-compliance with European data protection law and has ordered the government to impose “segregated” data retention and independent oversight prior to any third matching of identifiers, effectively limiting the scope of Arcom’s “graduated response.”

The Council of State partially overturns the Hadopi decree for non-compliance with European data protection law Paris. The Council of State has just ruled that the decree of March 5, 2010, governing the processing of personal data by Arcom (formerly Hadopi), is contrary to European Union law, following a referral by the associations La…

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