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 Data Protection Act of 1978.

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 established 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 on French territory;

any organization located outside France that offers goods or services to individuals located in France, or that monitors their behavior on 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 contained in a file. Activities of an exclusively personal or domestic nature do not fall within its scope.

III. Principles of data processing

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

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.

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 information must be provided to them in clear and understandable language.

V. Processor's Obligations

Processors must:

strictly follow the written instructions of the controller;

implement appropriate security measures;

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

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 case of high risk. Certain organizations must also designate a Data Protection Officer (DPO) and register with the CNIL.

VI. International Data Transfers

When a transfer to a country outside the EU is considered, the data 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 Penalties

The CNIL has extensive powers, including:

issuing warnings or formal notices;

limiting or prohibiting certain processing operations;

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

French law also allows individuals to issue directives concerning the use of their data after their death. Failing that, 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.