Encrypted messaging: MPs remove ban on backdoors from bill

Door closed. On Tuesday, November 10, the National Assembly deleted article 16 bis of the cybersecurity bill by 69 votes to 37. Introduced by the Senate, this provision aimed to prevent the authorities from imposing mechanisms for access to protected communications on encrypted service providers. The government defended its removal while pledging not to support a similar backdoor measure until the end of the parliamentary session.

The key points of this article

MEPs deleted article 16 bis at first reading.

The Senate introduced this protection after the debates on the law against drug trafficking.

The government believes that drafting the article risked weakening certain existing investigative techniques.

The vote on the entire bill is scheduled for November 17.

Why MEPs deleted the article on encrypted messaging

The Senate added article 16 bis in the spring of 2025, while deputies were debating a system for accessing encrypted messages as part of the law against drug trafficking. The Assembly had rejected this device. The special committee then retained and expanded article 16 bis in the cybersecurity bill. In particular, it was intended to prevent authorities from forcing a provider to integrate a general decryption key or a mechanism giving access to protected data without the user's consent.

The Minister of the Interior, Laurent Nuñez, defended the deletion by judging this wording too broad. According to him, it risked calling into question already authorized techniques, such as real-time geolocation or the collection of connection data. The rebellious and environmentalist deputies voted against the deletion. They particularly highlighted that integrated access to messaging could also create a vulnerability that could be exploited by third parties.

A government commitment limited to the parliamentary session

To obtain the deletion of the article, the Minister for Digital Affairs, Anne Le Hénanff, has committed not to reintroduce or support any system aimed at weakening messaging encryption between now and the end of the parliamentary session. Laurent Nuñez reaffirmed this commitment in the hemicycle. The vote thus removes from the project the explicit ban provided for by the Senate and leaves in force the current rules governing investigative powers.

The bill focuses more broadly on network security and the ability of critical infrastructure to withstand incidents. It aims in particular to transpose the European directive NIS2, which strengthens the cybersecurity obligations of the organizations concerned. After several months of blockage, the solemn vote on the entire text is set for Tuesday, November 17.