New Legislation | In depth look: France tackles inscribing GDPR
The new law adapts the previous text of 6 January 1978 relating to data, files and freedoms to the GDPR legal framework that entered into force on 25 May 2018.
The text defines the field of missions of the National Commission for Informatics and Liberties (CNIL), in accordance with the GDPR. The CNIL becomes the national supervisory authority for the application of the GDPR. It supports the publication of standards, codes of conduct and standard regulations on the new obligations of operators. It can certify organizations and services. It can be consulted by Parliament on questions of personal data.
For the economic actors, the text replaces the a priori control system, based on the prior declaration and authorization regimes, with a system of ex post facto control, based on the controller’s assessment of the risks in terms of Data protection. In return, the powers of the CNIL are strengthened, and the penalties incurred can reach up to 20 million euros or 4% of the global consolidated annual turnover.
Preliminary formalities are maintained for the most sensitive data, such as the biometric data necessary for the identification or monitoring of the identity of persons, genetic data, data using the registration number in the national identification directory of natural persons or health data.
The law strengthens the rights of individuals by creating a right to information for the person concerned by personal data processed in criminal matters and the direct exercise of the rights of access, rectification and erasure of data. The processing of personal data relating to the alleged racial origin or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership is prohibited. It is also forbidden to process genetic data, biometric data to uniquely identify a natural person, health data, or data about a person's sex life or sexual orientation.
All employers operating in France must be vigilant to ensure that they are compliant NOT ONLY with GDPR but also with this new French legislation.
History
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The administration recognizes the ”right to make a mistake”
Published on : 14/09/2018 14 September Sep 09 2018NewsA law of August 10, 2018 establishes a right to make mistakes in order to imp...
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The dismissal of the Director of a subsidiary by the director of the parent company is valid
Published on : 13/09/2018 13 September Sep 09 2018NewsWho holds the authority to dismiss someone in a company in France ? The Frenc...
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Meal-allowances need not be worked into the calculations for holiday-pay.
Published on : 22/08/2018 22 August Aug 08 2018NewsThe employer may grant those employees who will be taking their meals at odd...
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The signing of a second mutally agreed termination (rupture conventionnelle) after refusal by the authorities requires a new cooling-off period
Published on : 21/08/2018 21 August Aug 08 2018NewsIf, following a labour administration’s refusal to approve a mutually agreed...
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New measures to prevent sexual harassment
Published on : 21/08/2018 21 August Aug 08 2018NewsA law passed on August 1, 2018 requires companies with at least 250 employe...
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Impending change of legislation | Upcoming reform on headcount threshholds : passing a threashhold will only have consequences after five years
Published on : 01/08/2018 01 August Aug 08 2018NewsA bill to be debated in Parliament in the fall plans to reform the impact of...
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Latest case law | Company groups : the tort responsibility of the parent company can be engaged
Published on : 31/07/2018 31 July Jul 07 2018NewsEven if a situation of co-employment can not be characterized, the tort of th...
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Looking forward | Loi Pacte: making French business great again
Published on : 10/07/2018 10 July Jul 07 2018NewsThe Macron government speeds ahead with its reforms and bills to help favour...
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Recent case law | Supreme Court to workers: your commute isn’t work
Published on : 10/07/2018 10 July Jul 07 2018NewsIn 2015, the Court of Justice of the European Union considered that in the ab...
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New Legislation | In depth look: France tackles inscribing GDPR
Published on : 10/07/2018 10 July Jul 07 2018NewsThe new law adapts the previous text of 6 January 1978 relating to data, file...