Personal Data Protection Policy
I. Introduction
On June 20, 2018, France adopted Law No. 2018-493 on personal data protection, in order to implement the General Data Protection Regulation (GDPR). This law revises and consolidates the 1978 Data Protection Act.
The National Commission for Information Technology and Liberties (CNIL), 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 compliant with European Union requirements.
II. Scope of Application
The GDPR in France applies to:
any data controller or processor established on French territory;
any organization located outside France offering goods or services to individuals residing in France, or monitoring their behavior on French territory.
Regardless of where the processing is carried out, the law applies as soon as it concerns the personal data of individuals located in France.
It covers automated processing as well as non-automated processing included in a filing system.
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 carried out 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 retained for the strictly necessary period, 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, the processing of their data requires the consent of a parent or legal guardian, and information must be communicated 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 its obligations, particularly in responding to requests from data subjects;
notify the data controller without delay of any data breach; the latter must inform the CNIL within 72 hours.
Data controllers must keep a record of processing activities and conduct a Data Protection Impact Assessment (DPIA) in cases of high risk.
Some organizations must also appoint a Data Protection Officer (DPO) and declare themselves to the CNIL.
VI. International Data Transfers
When a transfer to a country outside the European Union is contemplated, the data controller must ensure an adequate level of protection. This can be achieved 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 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;
restricting 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 instructions regarding the use of their data after their death. Failing that, processing must comply with current regulations.
The French GDPR framework aims to guarantee individual rights, strengthen corporate compliance, and foster trust in the digital environment.
VIII. Contact Us
Store Name: Du Siege Au Rideau
Address: 265 Rue des entrepreneurs, 30420 Calvisson, France
Tel: +33 6 60 54 34 76
Email: info@dusiegeaurideau.com
Opening hours: Monday to Friday, 9:00 AM to 6:00 PM (CET)