RGPD

I. Introduction

On June 20, 2018, France adopted Law No. 2018-493 on the protection of personal data, which implements the General Data Protection Regulation (GDPR). This law revises and consolidates the 1978 Data Protection Act (Loi Informatique et Libertés).
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 regulations in France.
Thus, France has established a personal data protection system compliant with European Union requirements.

II. Scope

The regulations implementing the GDPR in France apply to:

any data controller or processor established on French territory;

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

Regardless of the processing location, as soon as it concerns the personal data of individuals located in France, the law applies.
It covers automated processing as well as non-automated processing that forms part of a filing system.
Activities of an exclusively personal or household nature are not covered by its scope.

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 can only be used for specific 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 period, 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. 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 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. Obligations of Processors

Processors must:

strictly follow the written instructions of the data controller;

implement appropriate 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, who must then 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.

VI. International Data Transfers

When a transfer to a non-EU country is envisioned, the data controller must ensure an adequate level of protection. This can be done through:

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 companies must use the new Standard Contractual Clauses adopted on June 4, 2021, or any other legal mechanism.

VII. 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 give directives regarding the use of their data after their death. Failing this, processing must comply with applicable regulations.
The French framework for GDPR implementation aims to guarantee individual rights, strengthen corporate compliance, and promote trust in the digital environment.

VIII. Contact

Email: info@tartarinmeublesdart.com

Customer Service Number: +33 04 74 61 64 30

Address: 700 Route de Perouges, 01800 Saint-Jean-de-Niost, France

Opening Hours: Monday to Saturday, 9:00 AM to 6:00 PM (CET)