RGPD

Introduction

On June 20, 2018, France adopted Law No. 2018-493 on the protection of personal data to implement the General Data Protection Regulation (GDPR). This law revises and consolidates the 1978 Data Protection Act.
The French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL), as the national supervisory authority, is responsible for overseeing, guiding, and enforcing the GDPR and its implementing texts in France.
Thus, France has established a personal data protection system compliant with European Union requirements.

Scope of Application

The GDPR implementing regulations in France apply to:

any data controller or processor established in French territory;

any organization located outside France offering goods or services to individuals located in France, or monitoring their behavior within French territory.

Regardless of where the processing is carried out, as soon 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 filing system.
Activities of an exclusively personal or domestic nature do not fall within its scope.

Principles of Data Processing

Lawfulness, fairness, and transparency: all processing must be based on a clear legal basis and be conducted transparently.

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 duration, then deleted or anonymized.

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

Data Subject Rights

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

Processor Obligations

Processors must:

strictly comply with the data controller's written instructions;

implement adequate security measures;

assist the data controller in fulfilling their obligations, particularly in responding to data subject requests;

notify the data controller without undue delay in the event of a data breach, with the data controller then required to inform the CNIL within 72 hours.

Data controllers must maintain a record of processing activities and conduct a Data Protection Impact Assessment (DPIA) in cases of high risk.
Certain organizations must also appoint a Data Protection Officer (DPO) and register with the CNIL.

International Data Transfers

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

an adequacy decision from the European Commission;

or the signing of Standard Contractual Clauses (SCCs).

Since the invalidation of the "Privacy Shield" on July 16, 2020, French organizations must use the new standard contractual clauses adopted on June 4, 2021, or any other legal mechanism.

Control and Enforcement

The CNIL has extensive powers, including:

issuing warnings or formal notices;

limiting or prohibiting certain processing activities;

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

French law also allows individuals to provide directives regarding the use of their data after their death. Failing that, processing must comply with current regulations.
The French framework for GDPR implementation aims to guarantee individuals' rights, reinforce corporate compliance, and promote trust in the digital environment.

Contact

Address: 1843 Grand' Rue, 59235 Bersée, France

Customer service number: +33 6 88 12 73 09

Email: info@ambrepotez-decoratrice.com

Opening hours: Monday to Friday, 9:00 AM to 6:00 PM (Central European Time, CET)