The photographer who took topless pictures of the Duchess of Cambridge is set to be arrested by French police.

The paparazzo created a royal storm after snapping intimate photos of Kate Middleton during a romantic holiday with her husband, Prince William at a French chateau.

The couple were initially "disappointed and saddened" about the breach of privacy, but it quickly turned to anger when the first images in French magazine Closer hit the stands.

The topless shots of Middleton were then widely published in Italy, Ireland and on the internet, despite efforts by the couple to halt their usage.

The name of the photographer has now been passed on to detectives investigating the alleged crime following the issuing of a court order in Paris, the Daily Mail reported.

Prince William called for the photographer to be jailed - which the newspaper says is a possibility thanks to France's strict privacy laws.

If anyone is charged and found guilty of taking the pictures they could be jailed for up to one year and fined 36,000 pounds (NZ$70,460) for breach of privacy.

"A name has been offered," a source told the Daily Mail. "The photographer is expected to be held for questioned imminently."

Marie-Christine Daubigney, the French public prosecutor dealing with the case, told the newspaper police had the name of the photographer.

"This new information regarding the photographer will be passed on to investigating magistrates," she said.

- © Fairfax NZ News