RGPD

I. Introduction

On June 20, 2018, France adopted Law No. 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 (Loi Informatique et Libertés).

The National Commission on Informatics and Liberty (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 that complies with the requirements of the European Union.

II. Scope of application

The regulations for implementing the GDPR in France apply to:

any controller or processor established on French territory;

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

Regardless of where the processing takes place, as long as it concerns the personal data of individuals located in France, the law applies. It covers automated processing as well as non-automated processing contained in a file. Activities of an exclusively personal or domestic nature fall outside its scope of application.

III. Principles of data processing

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

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

Data minimization: only data that is strictly necessary should be collected.

Accuracy: data must be accurate and regularly updated.

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

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

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 old, 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 controller;

implement adequate security measures;

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

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

Controllers must maintain a record of processing activities and conduct a Data Protection Impact Assessment (DPIA) in the event 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 controller must ensure 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 sanctions

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 annual turnover, whichever is higher.

French law also allows individuals to set out directives concerning the use of their data after their death. Otherwise, the processing must comply with the regulations in force. The French framework for implementing the GDPR aims to guarantee the rights of individuals, strengthen corporate compliance, and promote trust in the digital environment.