France

France: New guidance for data retention

By Denise Lebeau-Marianna – Partner and  Yaël Hirsch – Senior Associate The French Supervisory Authority (the “CNIL”) has issued new updated guidelines on data retention during the month of July (the “CNIL’s Guidelines”)[1]. They provide more practical guidance and update the CNIL previous Recommendations dated 11 October 2005 on the conditions of archiving personal data[2]. …

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France: First sanction of an online shoes company by CNIL acting as a lead authority for several infringements to GDPR requirements

On 28 July 2020, the French Supervisory Authority (the “CNIL”) sanctioned the online shoes retail company, SPARTOO SAS, by a €250,000 fine and an injunction to comply with GDPR within 3 months under penalty for various non-compliances with the GDPR of the personal data processing related to clients, prospects and employees[1]. I. Factual background and …

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France: Google LLC loses appeal against French Data Protection Authority decision before France highest administrative court

Denise Lebeau-Marianna, Partner & Alexandre Balducci, Associate – DLA Piper France LLP Further to two complaints filed by non-governmental organisations None Of Your Business (NOYB) and La Quadrature du Net (LQDN), the French data protection supervisory authority (CNIL) restricted committee imposed on January 21, 2019 a EUR 50 million administrative fine against Google LLC for …

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FRANCE: THE FIRST CNIL STANDARD REGULATION FOR BIOMETRIC SYSTEMS IN THE WORKPLACE

By Denise Lebeau-Marianna (Partner) & Alexandre Balducci (Associate) Why did the CNIL adopt a specific regulation for the use of biometric data processing in the workplace? In accordance with Article 9 (4) of the General Data Protection Regulation (GDPR) which provides that “Member States may maintain or introduce further conditions, including limitations, with regard to …

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EU: European Court confirms journalism exception for citizen-journalists, but not in France?

By Patrick Van Eecke, Denise Lebeau-Marianna, Tiphaine Caulier and Laetitia Mouton Under European data protection law, journalists enjoy some regulatory exemptions when processing personal data for journalistic purposes, balancing the right to the protection of personal data with the principle of freedom of expression. A question which has however sparked some debate is whether so-called citizen …

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FRANCE: New cooperation agreement between the CNIL and DGCCRF

By Denise Lebeau-Marianna and Caroline Chancé   On 31 January 2019, the French Data Protection Supervisory Authority (CNIL) and the French General Directorate for Competition Policy, Consumer Affairs and Fraud Control (DGCCRF, authority in charge of consumer protection) signed a new protocol of cooperation to improve protection of personal data of consumers.   This new protocol replaces a …

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FRANCE: A new phase in European privacy law enforcement – CNIL fined Google LLC 50 million euros!

By Denise Lebeau-Marianna, Caroline Chancé and Alexandre Balducci   On 21 January 2019, the restricted committee of the French Data Protection Supervisory Authority (CNIL) fined Google LLC 50 million euros for breaching GDPR for lack of transparency, inadequate information and lack of valid consent regarding personalized advertising.  This is the first decision rendered by the CNIL …

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FRANCE: ONE MORE STEP TO ENSURE CONSISTENCY OF THE NEW FRENCH DATA PROTECTION LAW

By Denise Lebeau-Marianna and Yaël Hirsch On 12 December 2018, the French Government issued an ordinance[1] finalizing, at the legislative level[2], the alignment of the French Data Protection Law (“FDPL”) with the General Data Protection Regulation[3] (“GDPR”) and the Directive 2016/680[4]. Following-up the adoption of the GDPR, the French Law No. 2018-493 related to personal data protection[5] …

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FRANCE: CNIL PUBLISHES GUIDANCE ON DATA SHARING FOR MARKETING PURPOSES

By Denise Lebeau-Marianna and Tiphaine Caulier The French Data Supervisory Authority (the CNIL) released guidance on December 28th 2018 on the principles to be followed when an organization that collects personal data through online or hard copy forms, shares it with business partners or data brokers to send SMS or emails for marketing purposes. To comply …

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FRANCE: Facebook could face a 100 million euros class action suit for violating GDPR

On 8 November 2018, French NGO Internet Society France sent Facebook a formal notice listing seven areas where it has allegedly infringed GDPR. The social network has 4 months to respond. Failing that, the Internet Society France could launch the first class action suit for compensation since the entry into application of GDPR. The French …

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FRANCE: CNIL GDPR guidance for data processors

By Denise Lebeau-Marianna and Caroline Chancé   On September 29, 2017, the French data protection authority (the CNIL) published practical guidance on General Data Protection Regulation (“GDPR”) requirements intended for data processors. The objective is to guide them on how to comply with their new obligations. Under the GDPR, data processors have new responsibilities and liabilities in …

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