November 8, 2026, 7:25 am | Read time: 3 minutes
A new data tax in France could mean high additional costs for digital content providers. Media lawyer Christian Solmecke sees not only financial consequences but also significant legal issues.
The French National Assembly has approved an amendment to the 2027 budget that includes a charge of 5.5 cents per gigabyte transmitted. According to the news portal “Europe1,” it is not the internet users who will pay, but the companies from which the data originates, such as streaming platforms, cloud services, and digital content providers. For 100 gigabytes, the cost would be 5.50 euros, and for 200 gigabytes, it would be 11 euros.
This is particularly evident with modern video games. Major titles like “GTA 6” can cause enormous downloads, along with updates or re-installations. Streaming providers also transmit vast amounts of data. Netflix, Google, Meta, Amazon, and Akamai together account for about half of the data traffic received in France.
Data Tax Could Also Affect Updates
However, the charge would not only affect paid content. Free software and security updates also generate data traffic. Media lawyer Christian Solmecke sees this as a particular problem, as manufacturers are sometimes obligated to provide security updates for their products over the years. His verdict to TECHBOOK: “Those who provide security are penalized with taxes.”
Whether the additional costs will ultimately be passed on to users is uncertain. Solmecke considers it possible for new contracts and game purchases: “The French legislative proposal does not prohibit passing on these costs.” For existing streaming subscriptions, price increases are more difficult, as providers must comply with their terms and conditions and European consumer protection law.
Lawyer Doubts Legal Viability
Solmecke also fundamentally considers the data tax legally questionable. “Such a national solo effort stands on extremely shaky ground and is unlikely to hold up before the European Court of Justice (ECJ).” He points to net neutrality and the freedom to provide services. He also sees data protection issues in the requirement for providers to assign data streams to specific senders.
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In Germany, the lawyer also sees high legal hurdles and additionally points to the German financial constitution. His conclusion: “In Germany, such a law would have no realistic chance of survival before the Federal Constitutional Court or the ECJ.” However, the tax has not yet been definitively decided in France and could be changed or disappear in the further budget process. It is already causing discussions far beyond France, including on Reddit.