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French deputies remove encryption clause that barred backdoors

The National Assembly dropped article 16 bis by 69 votes to 37; a final vote on the Resilience bill is set for 17 November.

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FRANCE · ENCRYPTION: 69 VOTES

Öne çıkanlar

  • French deputies removed article 16 bis from the Resilience bill by 69 votes to 37 on 12 November 2026.
  • The clause would have barred forcing encryption providers to weaken their own security.
  • Interior Minister Laurent Nuñez said the wording risked undermining existing investigative powers.
  • Digital Minister Anne Le Hénanff promised no new weakening measure before the session ends.
  • A joint committee of seven deputies and seven senators may still be convened to seek a compromise.

What the vote changed

French deputies removed article 16 bis from the Resilience bill by 69 votes to 37, Cryptoast reported on 12 November 2026. The clause would have prohibited imposing on encryption service providers any mechanism that deliberately weakens their security, such as backdoors or master decryption keys.

Removing the clause does not by itself authorise such mechanisms, according to the report. The bill still faces a solemn vote in the National Assembly on Tuesday 17 November.

Why the government backed removal

Interior Minister Laurent Nuñez argued that the article's wording could weaken techniques that are already permitted, including real-time geolocation, the collection of connection data and certain judicial investigation methods.

The article had been introduced in the Senate in March 2025 at the initiative of Olivier Cadic. It followed debates around a bill against drug trafficking, which would initially have required messaging services to make certain targeted communications accessible before the Assembly withdrew that measure.

Who voted which way

The Rassemblement National, several centre and right groups and a majority of Socialists supported removing the article, the report said. Deputies from La France insoumise and the Greens opposed the removal, arguing that protecting encryption is a condition of digital security.

Opponents of backdoors say the added access point for authorities could also be exploited by cybercriminals or hostile states, and could serve as a surveillance tool.

A promise, not a law

Anne Le Hénanff, minister delegate for digital affairs, committed not to reintroduce any provision weakening encryption before the end of the parliamentary session. Nuñez repeated that commitment in the chamber.

According to the report, that political assurance is not equivalent to a ban written into law. A joint committee of seven deputies and seven senators could then be convened to seek a compromise with the Senate, which had adopted the protective article.

The wider deadline

The bill transposes NIS 2, the European directive that strengthens cybersecurity obligations in essential sectors including energy, health and public administration. The transposition deadline was 17 October 2024.

Citing the French delay, the European Commission announced in July that it was taking France to the Court of Justice of the European Union, with a request for financial penalties.

Kaynaklar

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  1. CryptoastChiffrement : les députés suppriment l'article qui interdisait les portes dérobées

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Sık sorulan sorular

What was article 16 bis of the French Resilience bill?

It was a clause, introduced in the Senate in March 2025, that would have prohibited requiring encryption providers to build in mechanisms that deliberately weaken their security, such as backdoors or master keys. Deputies removed it by 69 votes to 37.

Does the removal legalise backdoors in France?

According to Cryptoast, removing the clause does not by itself authorise such mechanisms. The government also promised not to reintroduce a weakening provision before the end of the parliamentary session, though that promise is not written into law.

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