French data protection law

France: the CNIL has released its annual dawn raid Program for 2023: four national priorities and one priority coming from the EDPB!

Authors: Denise Lebeau-Marianna, Divya Shanmugathas and Lucie Dubecq-Princeteau On 15 March 2023, the French Supervisory Authority (the “CNIL”) unveiled in a post its four key priorities regarding its upcoming investigations for 2023 targeting specific sectors (I), to which it added another topic related to DPO in line with the coordinated enforcement framework of the European …

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FRANCE: The CNIL provides further insights following its formal notices against the use of Google Analytics

Authors: Denise Lebeau-Marianna, Tess Muckensturm and Divya Shanmugathas Since our last post, the French Supervisory Authority (the “CNIL”) has published a Q&A and a post on June 7, 2022 regarding Google Analytics, where it highlights the key points of its formal notices and gives some practical advice to website operators. Lessons to be drawn from …

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FRANCE: the CNIL is aligned with the Austrian Supervisory Authority – the use of Google Analytics leads to illegal transfers to the United States!

The French Supervisory Authority (the “CNIL”) sent a Formal Notice to a web operator using Google Analytics ordering to comply. Though the decision has been taken against one web site it should apply to the use of Google Analytics in general. It should be noted that the European Data Protection Supervisor (“EDPS”) took the same …

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The CNIL’s key priorities for upcoming dawn-raids in 2021

Every year, the French supervisory authority (the “CNIL”) publishes its key priorities for upcoming dawn-raids. In 2021, more than 50% of the CNIL’s dawn-raids will focus on: (i) websites cybersecurity, (ii) health data protection and (ii) cookies. 1. Websites cybersecurity Website security incidents are among the most common non-compliances identified by the CNIL during its …

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France: the CNIL publishes its data privacy impact assessment (DPIA) guidelines and a list of processing operations subject to a DPIA

A Data Protection Impact Assessment (DPIA) is one of the key accountability tools introduced by Article 35 of the EU General Data Protection Regulation (GDPR) which provides guidance to  data controllers on how to systematically analyze, identify and minimize the data protection risks of a data processing operation planned which is likely to raise a …

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FRANCE: New data protection law declared constitutional and ready for promulgation

The French Constitutional Council has issued its ruling on June 12 regarding the new data protection law implementing the EU General Data Protection Regulation (GDPR). It’s a PASS! Almost a month after Senators referred the newly adopted data protection law to the Constitutional Council, thus blocking its promulgation on time for the GDPR’s entry into …

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FRANCE: The new data protection law under Constitutional review

The newly adopted French data protection law is already challenged by Senators who requested a constitutional review the day after the new law’s adoption. This had been announced: at least 60 Senators have referred the new French data protection law to the French Constitutional Council. Despite the accelerated procedure initiated by the Government in December …

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