International Newsletter : Compliance and Regulatory
Frédéric Saffroy
War in Europe – New obligations for companies and critical infrastructure operators
In a geopolitical environment marked by increasing risks, the Law of August 16, 2026 updating the Military Programming Law for the years 2024 to 2030 (the “Law”) strengthens the instruments available to the French State to ensure the availability of the resources necessary not only for the armed forces, but also for the critical infrastructures of the country (transportation, communication, energy, health, water, etc.). With a view to national rearmament, sovereignty and resilience, it notably enables the State to require certain companies to build up strategic stocks to ensure the continuity and security of their operations. Three points merit particular attention.
First of all, the Law extends certain obligations applicable to defence companies to critical infrastructure operators (so-called “OIV” or “Opérateurs d’importance vitale”).
– On the one hand, the provisions of Article L. 1339-1 of the French Defence Code, which empower the State to require defence companies to establish strategic stocks of materials, components, spare parts or semi-finished products, are extended to companies manufacturing equipment necessary for the logistical, energy or medical support of the armed forces, as well as to OIVs. The order, reviewed annually, determines the volume of the stock according to the company’s economic situation, the needs of the operations and the conditions for the supply and preservation of the goods concerned.
– On the other hand, the provision of Article L. 1339-2 of the French Defence Code, which enables the State to require companies participating in a defence or security procurement contract to perform all or part of the services covered by the contract as a matter of priority over any other contractual commitment, is extended to companies holding a public works, supply or services contract. The order may, where appropriate, derogate from the contractual provisions in order to set the expected performance period. This obligation extends to subcontractors at all levels where the performance of their own obligations is essential to the performance of the contract. Material, direct and certain losses resulting from these measures give rise to a right to compensation.
In addition, the Law strengthens the protection of sensitive know-how held by companies hosting restricted zone (so-called “ZRR” or “Zone à régime restrictif”). As from January 1, 2027, persons who have had access to such areas and possess skills or knowledge of particular importance to the fundamental interests of the Nation shall, in certain circumstances, declare in advance their plans to carry out activities for the benefit of a foreign entity. The competent Minister may oppose such activity where it is liable to result in the acquisition or transfer of sensitive know-how. This regime calls upon the companies concerned to improve their identification of critical information, regulate the departure of their employees and strengthen the security of international professional mobility.
Lastly, the Law authorizes OIVs to engage in counter-drone operations, in particular by engaging subcontractors.
Frédéric Saffroy, Partner, Aerospace & Defence
Antoine Petel, Legal Counsel