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Tag Archives for " France "

The GDPR is on its way towards implementation into French law following a constitutional challenge

Following on from the article published on the on 24 January 2018 “French GDPR Implementation Bill – for French Data Protection Authority (“CNIL”) it could not come soon enough!”, Charlotte Gerrish provides us with the latest update on the status of the French GDPR Implementation Bill which, after surviving an attack of “unconstitutionality” before the French Constitutional Council, is now on its way into force.

As we stated back in January 2018, the French legislature had been fairly slow in pushing forward with the implementation of the GDPR into French national law. The progress of the Bill had not been without issues. On 16 May 2018, just 9 days before the GDPR was due to come into force, at least 60 French senators referred the Bill to the Constitutional Council claiming that certain provisions were unconstitutional and therefore contrary to French law and public policy (Affaire No. 2018-765 DC).

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French GDPR Implementation Bill – for French Data Protection Authority (“CNIL”) it could not come soon enough!

If you are a regular reader of the, you probably already have a high level understanding of the EU General Data Protection Regulation, otherwise known as the “GDPR”.

The development of the digital era has forced us to rethink the framework that is applicable to personal data.
– French Minister of Justice, Nicole Belloubet, 13th December 2017

As you may be aware, the Member States are slowly but surely debating implementing legislation in order to transpose the GDPR into national law, in accordance with their own procedural requirements. France is no exception. As such, on 13th December 2017, Nicole Belloubet, the Minister of Justice presented the bill which sets out how France shall implement the provisions of the GDPR into existing French Data Protection Law to the French Council of Ministers.

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CNIL launches GDPR consultation

On February 23, 2017, the French Data Protection Authority CNIL launched a public online consultation on three topics – consent, profiling and data breach notification – regarding the implementation of the EU General Data Protection Regulation (“GDPR”). Those are the same topics earlier this year identified by Article 29 Working Party in its Action plan

With this consultation CNIL aims to collect specific questions regarding the GDPR, potential difficulties in interpreting the GDPR, and examples of best practices. Responses will be also used in Article 29 Working Party discussions.


France adopts class action regime for data protection infringement

France on November 19, 2016, has the enacted a law giving a legal basis for class actions against both data controllers and processors if they breach French Data Protection Act. Under new law class actions can be brought by several individuals in a similar position incur damages resulting from a data controller’s or data processor’s infringement.

The new class action right does not allow individuals to claim financial compensation, however, they may seek for injunctive relief.

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