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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.