We explicitly said and explained it in this year's review as well as it is still described in previous years censuses.
Unfortunately those submissions are not visible in the final results, but here it is as it was submitted :
"B7. Is the data openly licensed/in public domain?
Data is released with the national French Open License, but with an explicit warning that it remains subject to the 2002-1064 decree http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000413818 which authorizes the data owner to refuse to grant the license to a reuser, hence making it not really openly licensed. See http://rip.journal-officiel.gouv.fr/index.php/pages/juridiques "
PS: we've been advocating for the past two years for the removal of the problematic decree without success so far, having the index suddenly say the opposite would really not help
PPS: And I'd like to insist as explained in other threads we have similar problems with this year's Index declaring France is fully open both on Draft Legislation (whereas bill's contents, which are the first requirement, do not exist as anything else than pdf files and html webpages) and on Company Register (for which the available version is truncated of approximately 25% of registered companies)