RGPD

I. Introduction

On June 20, 2018, France adopted Law n° 2018-493 on the protection of personal data, in order to implement the General Data Protection Regulation (GDPR). This law revises and consolidates the 1978 Data Protection Act.

The National Commission for Information Technology and Civil Liberties (CNIL), as the national supervisory authority, is responsible for overseeing, guiding and enforcing the GDPR and its implementing texts in France. Thus, France has adopted a personal data protection system that complies with the requirements of the European Union.

II. Scope of application

The implementing regulations of the GDPR in France apply to:

any data controller or processor established in French territory;

any organization located outside France that offers goods or services to individuals located in France, or monitors their behavior in French territory.

Regardless of where the processing is carried out, as long as it concerns personal data of individuals located in France, the law applies. It covers automated processing as well as non-automated processing that is part of a classification system. Activities of an exclusively personal or domestic nature are not within its scope.

III. Principles of data processing

Lawfulness, fairness and transparency: all processing must be based on a clear legal basis and carried out in a transparent manner.

Purpose limitation: data can only be used for specified and legitimate purposes.

Data minimization: only strictly necessary data should be collected.

Accuracy: data must be accurate and updated regularly.

Storage limitation: data should only be kept for the strictly necessary period, then deleted or anonymized.

Security and confidentiality: appropriate technical and organizational measures must be put in place to prevent any breach, alteration or loss of data.

IV. Rights of data subjects

In accordance with the GDPR and French law, individuals have the following rights:

Right to information and access;

Right to rectification;

Right to erasure (right to be forgotten);

Right to restriction of processing;

Right to data portability;

Right to object.

For minors under 15 years of age, the processing of their data requires the consent of a parent or legal guardian, and the information must be provided to them in clear and understandable language.

V. Obligations of the processor

Processors must:

strictly follow the written instructions of the data controller;

implement adequate security measures;

assist the data controller in the exercise of their obligations, particularly in responding to requests from data subjects;

notify the data controller without delay in the event of a data breach, who must then inform the CNIL within 72 hours.

Data controllers must keep a register of processing activities and carry out a Data Protection Impact Assessment (DPIA) in case of high risk. Certain organizations must also appoint a Data Protection Officer (DPO) and register with the CNIL.

VI. International data transfers

When a transfer to a country outside the EU is envisaged, the data controller must guarantee an adequate level of protection. This can be done via:

an adequacy decision by the European Commission;

or the signing of Standard Contractual Clauses (SCCs).

Since the invalidation of the "Privacy Shield" on July 16, 2020, French entities must use the new Standard Contractual Clauses adopted on June 4, 2021, or any other legal mechanism.

VII. Control and enforcement

The CNIL has extensive powers, including:

issuing warnings or formal notices;

limiting or prohibiting certain processing;

imposing fines of up to 20 million euros or 4% of global turnover, whichever is higher.

French law also allows individuals to formulate directives regarding the use of their data after their death. Failing this, the processing must comply with current regulations. The French framework for implementing the GDPR aims to guarantee individual rights, strengthen corporate compliance and promote trust in the digital environment.