NEWS

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16-05-2018

 

Since January 1, 2018, connected objects must be compatible with the IPv6 standard

 

Since the beginnings of the Internet, the IPv4 standard has been used to associate an IP address with Internet sites or connected objects. If the number of addresses available on the basis of the IPv4 protocol seemed sufficient in the 1980s, the ARCEP (Autorité de Régulation des Communications Electroniques et des Postes) and its foreign counterparts estimate that the maximum number of public IP addresses available will be reached around 2021, which will lead to significant malfunctions in the use of the Internet.

 

Taking into account the proliferation of connected equipment and the diversity of Internet uses, the rapid transition to a more efficient addressing mode called the IPv6 protocol is becoming essential. To be effective, this transition requires compliance with the IPv6 standard by all players.

 

The French legislator has made the IPv6 standard mandatory by inserting into Law No. 2016-1321 of October 7, 2016 for a digital Republic an article 42 which provides that: " from January 1 2018, any new terminal equipment, within the meaning of article L.32 of the postal and electronic communications code, intended for sale or rental on French territory must be compatible with the IPV6_cc781905-5cde-3194-bb3b standard -136bad5cf58d_”.

 

Article L.32 of the Post and Electronic Communications Code (CPCE) defines terminal equipment as any " equipment intended to be connected directly or indirectly to a network termination point for the purpose of transmitting, processing or receiving information ”. This definition is based on the provisions of European Directive No. 1999/5/EC of March 9, 1999 concerning radio equipment and telecommunications terminal equipment and the mutual recognition of their conformity. The notion of indirect connection having posed difficulties in interpreting the directive, the Committee for Market Surveillance and Telecommunications Compliance Rules assisting the European Commission has proposed limiting the notion of terminal equipment to products that connect to the Internet. directly via a Wide Area Network (WAN) interface or indirectly via an Ethernet cable, thus excluding radio equipment which connects to the Internet via a radio LAN interface system (Wifi).

 

However, radio equipment does not seem to be able to be exempted from any obligation of compatibility with the IPv6 standard. Indeed, pursuant to Articles R.20-1 and L.32 of the CPCE, radio equipment must meet essential requirements and in particular the obligation of interoperability understood in the CPCE as the ability of radio equipment to operate with the Internet network. Any non-compliance with an essential obligation is punishable by a fifth-class contraventional fine of 1,500 euros (or 3,000 euros in the event of a repeat offence) per violation found, under article R.20-25 of the CPCE.

 

As soon as the Internet network is brought to operate in the long term with an addressing of the IPv6 type, the radio equipment must therefore themselves be compatible with this standard.

 

The entry into force of the obligation of compatibility with the IPv6 standard therefore implies that manufacturers, importers and distributors of connected products must obtain proof that their products comply with the IPv6 standard.

 

 

Roland Rinaldo, lawyer, Cabinet ARTLEX Nantes

 

 

Post and Electronic Communications Code, IPv6 standard, IPv4 standard, article L.32, terminal equipment, radio equipment, essential requirement for interoperability, ability to operate with the Internet network,