Title III of the SREN Draft Law
Eurocloud’s positions and proposals

It is essential that the French text be drafted as closely as possible to the European text for obvious reasons.
This is in fact originally a European text of direct application, the Data Act, aimed at regulating a market that is at least European, or even global. Any transposition, a fortiori not imposed for a European regulation, must at least be perfectly faithful to the text, unless it creates a situation of legal uncertainty in France.
In addition, it is not complicated for a customer to move its infrastructure across the border or to solicit other European suppliers. Any provision that would be more restrictive in France for customers would result in harmful exclusionary effects.
For the same reasons and even more crucially, as the Competition Authority has emphasized, new provisions of French initiative must be effectively pro-competitive and favorable to the customer.

Eurocloud therefore notes that at this stage of the drafting there are significant differences in the terms and concepts used as the basis of the European and French texts. Eurocloud therefore suggests bringing the two versions closer together, in particular by further synchronizing the definitions. Eurocloud also strives to defend efficient drafting of the new provisions and proposes the deletion of articles that are detrimental to the ecosystem. However, Eurocloud is pleased that certain new provisions such as that of Fair Licenses have been introduced and expects that they will be strengthened here in their potential application.