DoC Regulation for Equipment on the French Temu

France implemented relevant legislation on parental control in 2022 and 2023 (Law No. 2022-300 and Decree 2023-588), listed under the Postal and Electronic Communications Code (CPCE), aimed at ensuring that all terminal equipment that allows internet browsing is equipped with free and easily accessible parental control systems. These systems are necessary as the services and content provided by these devices may affect the physical development, mental, or moral well-being of minors.

The relevant regulations will take effect on July 13, 2024, requiring manufacturers to integrate parental control devices into terminal equipment placed on the market. The National Frequency Agency (ANFR) will ensure that the relevant products on the market comply with these requirements. Non-compliant products may face administrative penalties and enforcement measures.

Product Scope

Terminal equipment refers to any device that directly or indirectly connects to a public electronic communication network interface for the transmission, processing, or reception of information. Relevant terminal equipment includes, but is not limited to, personal computers, smartphones, tablets, connected TVs, smartwatches, in-car navigation systems, gaming consoles, e-readers, etc. Terminal equipment that does not allow internet access and does not have an operating system is excluded.

Terminal Equipment Qualification Requirements

Manufacturers are obliged to prepare technical documentation and a Declaration of Conformity (DoC) for each type of terminal equipment and provide users with relevant information about the parental control devices in the equipment.

Declaration of Conformity (DoC)

The Declaration of Conformity (DoC) is used to indicate that the product complies with regulatory requirements and generally needs to include the following information in French:

- Identification of the terminal equipment (product, type, batch, or serial number);

- Name and address of the manufacturer or their authorized representative;

- Purpose of the declaration, such as identifying the terminal equipment for traceability;

- Declaration that the terminal equipment complies with the provisions and requirements of the Parental Control Law on Internet Access Devices (Law No. 2022-300) to strengthen parental control over internet access;

- References to technical specifications or applicable standards. Each reference should indicate the identification number, version, and date of issue (if applicable);

- Where applicable, a description of the accessories and components (including software) necessary for the terminal equipment to perform its intended function, covered by the Declaration of Conformity;

- Where applicable, a certificate of conformity (CoC) provided by the operating system supplier, demonstrating that their operating system complies with the provisions and requirements of the Parental Control Law on Internet Access Devices (Law No. 2022-300);

- Signature of the declarant.

Parental Control Devices

Functional Requirements

Manufacturers are responsible for ensuring that the terminal equipment they place on the market is equipped with free parental control devices that meet at least the minimum functionalities and features:

- Easy to access and understand;

- Allow blocking the download or access to certain content;

- Ensure the protection of minors’ personal information.

Information Requirements

Manufacturers must clearly provide users with relevant information on the basic characteristics and technical functions of the parental control devices, as well as instructions for their configuration and operation. Additionally, the documentation should include information and precautions on the following aspects:

- Protection against online harassment;

- Prevention of addictive online behaviors;

- Blocking minors’ access to inappropriate content;

- Reducing or preventing excessive or premature exposure to screens.

All of the above information must be provided in French and be easy to access and understand. Manufacturers are free to choose between paper or digital formats.

Note: For second-hand terminal equipment placed on the market before July 13, 2024, information must be provided in an easily accessible and understandable manner, stating whether there is a device controlling minors’ access to services or content.

Technical Documentation

The technical documentation needs to include all useful information or details regarding the means used by the operating system manufacturer or supplier to ensure that the terminal equipment complies with the technical specifications described in CPCE R. 20-29-10-1. At a minimum, this includes:

- Software and firmware versions affecting the functionality requirements of the aforementioned parental control devices;

- User manuals and instructions for activating, using, updating, and, where applicable, deactivating the devices;

- A description of the solutions implemented to meet the functionality requirements of the aforementioned parental control devices. Where standards or parts of standards are adopted, test reports should be provided; in the absence of or inability to provide test reports, a list of other relevant technical specifications adopted should be provided;

- A copy of the Declaration of Conformity (DoC).

Compliance Requirements

Temu places a strong emphasis on product safety and compliance. Merchants are responsible for ensuring that the products listed and sold on Temu comply with all applicable laws and regulations. If you provide relevant terminal equipment to the French market, you must ensure that the products have compliance documents such as the Declaration of Conformity (DoC) to demonstrate that the products comply with the provisions and requirements of the Parental Control Law on Internet Access Devices (Law No. 2022-300). Please note that this declaration is a specific Declaration of Conformity issued separately to demonstrate compliance with the above requirements, not a declaration of conformity with CE marking requirements.

Temu reserves the right to request additional information at any time to verify product safety and compliance and reserves the right to take any necessary actions against non-compliant products.