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
-
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...
-
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...
-
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...
-
New Legislation | In brief: France aims for gender equality in the work place
Published on : 10/07/2018 10 July Jul 07 2018NewsAfter consulting the social partners on issues of equal pay and gender violen...
-
Do’s & Don’ts | This month: Reducing headcounts: the RCC guidebook
Published on : 10/07/2018 10 July Jul 07 2018NewsNewsletter / Do’s and Dont’sThe Macron labor law reform created a new way to implement downsizing on a vo...
-
Liability of the parent company in redundancies due to faulty interference
Published on : 25/06/2018 25 June Jun 06 2018NewsEven when a co-employment situation cannot be characterized, it’s still possi...
-
Upcoming reform in the employee savings: mesures to develop employee savings in small and medium-sized companies will be presented by the government mid-June. The draft law will then be submitted to parliament.
Published on : 15/06/2018 15 June Jun 06 2018NewsA bill to promote the growth of employee savings plans should be presented to...
-
Mobile employees : the home-client commute is not paid as working time
Published on : 15/06/2018 15 June Jun 06 2018NewsIn 2015, the Court of Justice of the European Union considered that in the ab...
-
EELA conference at Bratislava with Joël Grangé, Florence Aubonnet and Olivier Kress | 21-23 June 2018
Published on : 08/06/2018 08 June Jun 06 2018Our partners in the newsParticipation of Joël Grangé, Florence Aubonnet and Olivier Kress, partner at...
-
Tuesday June 26th 2018 | Breakfast Briefing FGA | Serious or fatal industrial accidents: issues of civil and criminal liability
Published on : 07/06/2018 07 June Jun 06 2018News / Breakfast BriefingsFaced with a serious accident, the employer may incur civil liability, essent...