Distance learning (FOAD): the legal framework and Qualiopi obligations

Selling an e-learning module or running a live virtual classroom has become second nature for many training-provider founders — and it’s often while preparing for a Qualiopi audit that they discover distance learning follows a precise regulatory framework, distinct from in-person habits. Here is what the Labour Code requires, what the Qualiopi framework draws from it in practice, and the evidence that avoids a non-conformity.

What the Labour Code says about FOAD

Article L6313-2 of the Labour Code states that the training action defined in article L6313-1 “may be carried out in whole or in part remotely” and “may also be carried out in a work situation.” Formation ouverte et/ou à distance (FOAD) is therefore not a separate legal status: it is a delivery mode of a standard training action — e-learning, live virtual classroom, blended learning, or hybrid in-person/remote course — subject to the same substantive obligations as any other course (programme, agreement, assessment), plus requirements specific to distance delivery.

Those specific requirements cover two points set out in the regulatory texts governing remote training actions:

1. Appropriate technical and pedagogical support to guide the trainee through their course.
2. Information given to the trainee about the remote learning activities to complete and their estimated average duration.

These two obligations are not mere good-practice recommendations: they directly affect the validity of the training action itself, and therefore its eligibility for funding.

What the training programme must specify for a remote sequence

Beyond the general mentions already expected in any training programme, a FOAD sequence requires additional detail:

• the nature of the work the trainee must complete independently (watching modules, exercises, quizzes, readings);
• the estimated time needed to complete that work, distinct from synchronous connection time;
• the tracking and assessment methods specific to remote sequences — how the provider verifies the work was actually done, and how it assesses learning outcomes in that context.

A programme that simply states “available as e-learning” without detailing these elements does not meet the regulatory requirement, even if the pedagogical content is otherwise excellent.

Technical and pedagogical support: the point most often missing

This is where most improvised FOAD programmes fail during an audit. The regulation requires support that is both technically and pedagogically appropriate, which in practice means:

• an identified channel to reach a trainer or tutor in case of difficulty (email, messaging, office hours, a moderated forum);
• a reasonable, clearly stated response time known to the trainee, announced in the welcome booklet or the programme;
• technical support distinct from pedagogical support: what to do if the platform fails or a module won’t load.

A video module put online with no identifiable human contact point — the trainee is alone in front of their screen from start to finish — is the most common non-conformity flagged on this delivery mode, because it satisfies neither of the two obligations set by the regulation.

Attendance and evidence: what replaces the attendance sheet

In person, the attendance sheet proves the trainee’s actual presence. At a distance, article D6353-1 of the Labour Code accepts a different but equally demanding form of proof: “for open or distance training sequences, the documents and data proving the completion of assigned work and estimating the time the trainee spent on that work.”

In practice, this means collecting and archiving, for each trainee:

• timestamped connection logs (date, duration, module accessed);
• individual progress through modules (percentage completed, last activity);
• actual participation in synchronous sequences (live virtual classrooms, video calls);
• submitted work (completed quizzes, uploaded exercises, results obtained).

This data must make it possible to reconstruct, for a given trainee, an actual training time consistent with the duration stated in the programme and the agreement. A significant, unjustified gap between billed time and actually tracked time exposes the provider to a funding rejection by the payer, independent of any Qualiopi audit finding.

The Qualiopi indicators directly affected by FOAD

The framework does not dedicate a single indicator to distance learning: it expects a cross-cutting adaptation of several indicators to this delivery mode.

• Indicator 8 on entry-level positioning must show that the positioning tool is workable and relevant remotely, not only designed for in-person delivery.
• Indicator 9 on delivery conditions must clearly inform the trainee about technical access arrangements (platform, credentials, hardware prerequisites).
• Indicator 10 on adapting the service, welcome, and follow-up is where technical and pedagogical support is examined in detail.
• Indicator 17 on human and technical resources covers the platform’s reliability and the actual availability of instructors.

A coherent FOAD file addresses these four indicators together, rather than documenting them separately with no explicit link to the remote delivery mode.

The most common audit mistakes

• An identical programme for in-person and remote delivery, with no mention of remote activities or their estimated duration.
• No identifiable pedagogical support: the trainee doesn’t know who to contact or within what timeframe in case of difficulty.
• No evidence of connection or completed work kept after the session, making any later verification impossible.
• A billed duration disproportionate to the connection time actually logged.
• A module sold with permanent, open-ended access, with no session dates or individual tracking, which calls into question the very notion of a structured training action.

Setting up a compliant FOAD programme, step by step

1. Identify, for each course, the sequences delivered remotely and their share of the total duration.
2. Set a realistic estimated time for independent activities, consistent with the actual content of the modules.
3. Appoint a pedagogical and technical contact, with a communication channel and response time announced to the trainee upon enrolment.
4. Configure connection and progress tracking on your platform, exportable and archivable per session.
5. Update your programme and agreement with FOAD-specific mentions, consistent with the mandatory mentions of the training programme.
6. Systematically archive remote attendance evidence in the trainee’s file, alongside the certificate of completion.

Take action

The Complete Qualiopi Kit includes programme and tracking-procedure templates adapted to FOAD, along with the 32 evidence templates expected during an audit for the entire framework, including indicators 8, 9, 10, and 17 (€297, 14-day guarantee, documents in French). Just starting out? The ebook Créer son organisme de formation en 30 jours walks you step by step through building your first courses, or choose the complete pack of kit + ebook to cover both creation and certification at once.