Law for a Digital Republic

Abstract

The Law for a Digital Republic (LOI n° 2016-1321 of 7 October 2016) aims to promote the opening and circulation of data and knowledge, to ensure an open digital environment that respects the privacy of Internet users and to facilitate access citizens to digital. The Law establishes specific provisions regarding open access to scientific publications, including defined embargo periods.

Article 30 of the law permits authors of scientific writings resulting from at least 50% publicly funded research to make their work openly accessible after certain embargo periods:

- Six (6) months for publications in the fields of science, technology, and medicine.

- Twelve (12) months for publications in the social sciences and humanities.

Article 30 : When research data are 50% publicly funded, are not protected by a specific right or regulation and have been made public by the researcher, establishment or research performing organization, their reuse is free.

These provisions enable authors to deposit their works in open access repositories following the specified embargo durations, even if they have granted exclusive rights to a publisher.

Subsequent national plans for open science have built upon this legal framework, aligning closely with its stipulations. The Second National Plan for Open Science (2021-2024) aligns with the Law for a Digital Republic, promoting open access while respecting the embargo periods defined in the legislation.

Overview

Country	France
Start date	2016
Annual Budget	n/a
Responsible organisation(s)	Ministry
Target group(s)	Civil society|Established researchers|Higher education institutes|International entity|National government|Students|Public research institutes|Teachers|Students
Policy instrument type	Networking and collaborative platforms

Background

The rapid digitization of information and research processes prompted the need for a comprehensive legislative framework to regulate and facilitate access to digital information, including research outputs. France sought to position itself as a leader in the digital era by creating laws that addressed access, sharing, and the ethical use of digital data. In 2016, restrictive publishing models limited the public’s access to research funded by public resources. The law aimed to dismantle these barriers while respecting the interests of publishers and researchers. The law aligned France with broader EU efforts to promote open access and open science, such as the Horizon 2020 framework, which emphasized the dissemination of publicly funded research and data.

Objective(s)

to create a balanced framework that promotes the open dissemination of publicly funded research while respecting the interests of all stakeholders involved—researchers, institutions, and publishers.

Public access URL

https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000033202746&categorieLien=cid

All tags

• Incentives & Rewards
• France
• 2016
• Ministry
• Civil society
• Established researchers
• Higher education institutes
• International entity
• National government
• Public research institutes
• Teachers
• Students
• Networking and collaborative platforms
• Clear rules for temporary restrictions

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