Abstract: The creation and the popularity of the auto-entrepreneur regime rests on the supposed absence of risk associated with this judicial status. However, the core theory of entrepreneur insists on the risky dimension associated with the creation of a business. On the basis of sociological approach of the law, we propose to analyse a corpus made of 104 judicial decisions concerning auto-entrepreneurs. Our results clarify three families of risks. The first one is generated by the activity itself, the second group rises from the articulation with wage-earning and the third class results from the complexity of the rules.