The Conseil d’État recently rejected the summary proceedings filed by platforms Paymium and Bull Bitcoin, which sought to challenge the implementing decree of the European DAC8 directive. This legislation now requires Digital Asset Service Providers (PSAN) to collect and annually report their clients' personal and transactional data to tax authorities. This information is then centralized within a shared European registry, a measure presented by authorities as an essential lever for strengthening the fight against tax fraud and evasion across the Union.
The plaintiffs centered their defense on three main arguments: a potential violation of European law, a disproportionate infringement on privacy, and, above all, the security risks inherent in creating centralized databases. According to the applicants, the creation of such files exposes users to tangible dangers, particularly criminal targeting. This argument echoes a worrying rise in kidnappings and abductions linked to cryptocurrencies, a phenomenon often correlated with leaks of sensitive information regarding digital asset holders.
In its decision, the summary judge ruled that the public interest in tax transparency outweighs the concerns raised. Regarding the risk of data compromise, the magistrate described the threat as "very low," judging that this mere possibility did not justify an urgent situation requiring the immediate suspension of the decree. This stance contrasts with the current climate in France, marked by several major cyberattacks on public bodies that exposed the personal information of millions of citizens—a reality that fuels the crypto community's skepticism regarding the effective protection of data stored by the State.
Despite this immediate legal setback, the standoff is far from over. The proceedings on the merits, initiated by Bull Bitcoin, remain under review and could lead to a final decision within one to two years. The Conseil d’État also retains the option of referring a preliminary question to the Court of Justice of the European Union should any difficulties arise regarding the interpretation of EU law. While awaiting potential developments, French platforms are now compelled to comply with these new reporting obligations, confirming the crypto sector's progressive alignment with the fiscal surveillance standards applied to traditional financial institutions.