After Germany became the last EU member state to transpose Article 5(3) of the Directive 2002/58/EC, amended by Directive 2009/136/EC (ePrivacy Directive) into national law, the use of cookies in the EU must meet one of the following requirements: The user’s consent, or The cookie must be strictly necessary in order to provide the service … Continue Reading
On March 12, 2021, the French Council of State (Conseil d’Etat), the highest French administrative court, handed down a ruling (ordonnance des référés) allowing Doctolib, a company in charge of booking COVID-19 vaccination appointments, to rely on a U.S.-based health data host. In the present case, the servers of Doctolib – whose platform had been … Continue Reading
The French data protection authority (CNIL) rendered three major decisions impacting worldwide online service providers following online controls and investigations performed on the companies’ websites. These decisions highlight the obligations of data controllers when using cookies and other trackers, notably regarding the way the user’s consent shall be collected, and the level of information that … Continue Reading
By a new decision of sanction rendered on 28 May 2019, the French data protection authority Commission nationale de l’informatique et des libertés (CNIL) imposed a €400,000 fine on French property management company Sergic for failure to comply with its obligation to maintain the security of and to limit the storage of personal data. This … Continue Reading
A few days before the entry into force of the GDPR, the CNIL imposed a 250,000 euros penalty to the company Optical Center for failure to secure personal data on its website – where a breach occurred, allowing access to invoices and purchases orders containing personal and sensitive data of customers. Further to Optical Center’s … Continue Reading
In an interview dated February 2018,[1] Isabelle Falque-Pierrotin, at the Head of the French data protection authority (CNIL), stated that the CNIL would adopt a flexible and pragmatic approach from May 2018 onwards when controlling compliance with data protection requirements. The first decision of sanction rendered by the CNIL on Monday January 21, 2019, which … Continue Reading
The CNIL issued a press release February 4, setting expectations concerning the “EU-U.S. Privacy Shield” work-in-progress. In the same time, it has switched to enforcement mode concerning Safe Harbor remediation failure. Click here to read more in the issued Client Alert.… Continue Reading
On February 8 and 9, 2016, the French Directorate-General for Competition, Consumer Affairs and Prevention of Fraud (the ‘DGCCRF’) and the French Data Protection Authority (the ‘CNIL’), through an obviously concerted action, have publicised regulatory enforcement measures they are undertaking against Facebook. The DGCCRF is requiring Facebook to re-write its Terms and Conditions on the … Continue Reading
On 19 November, the CNIL released an article in order to provide companies impacted by the recent CJEU ruling on invalidation of Safe Harbor with guidance on the next steps. The article was published at the same time the CNIL sent a mailing to all data controllers relying on Safe Harbor to fix the issue. … Continue Reading
This post was written by Daniel Kadar. Implementing whistleblowing hotlines in France has caused significant concern for companies implementing such hotlines globally, as French regulation had considerably narrowed their scope with the major threat of considering non-compliant hotlines as null and void. Times have changed: a couple of months ago, the French CNIL adopted an … Continue Reading
At the end of April, the French data protection authority (CNIL) released its inspection schedule for 2014 (the Schedule), promising to carry out some 550 inspections over the course of the year. Approximately 350 inspections are expected to be on-site, a quarter of which will focus on CCTV/video surveillance, and 200 will be carried out … Continue Reading
After almost two years of back and forth with Google, the French CNIL has, similarly to the Spanish Data Protection authority (€900,000 fine), sanctioned Google with a €150,000 fine, as Google refused to review its integrated platform and to modify its privacy policy as requested by the Working Party 29. In addition to this fine, … Continue Reading
France’s data protection authority, the Commission Nationale De L’informatique et Des Libertés (CNIL), released a new mandatory online notification procedure for French electronic communications service providers (Providers) to rapidly report data breaches to CNIL in compliance with new EC Regulation (No.611/2013) (the Regulation). Any data breach must be reported to CNIL via a new standardized … Continue Reading
This post was written by Daniel Kadar. The French Data Protection Authority (DPA), the CNIL, has expressed its satisfaction on the draft report (the “draft Report”) released by the European Parliament on the new European Data Protection Regulation (the “Regulation”). One of the major points of concern for the CNIL was that the draft Regulation … Continue Reading
This post was written by Daniel Kadar. The French CNIL has adopted and published a new set of guidelines that set forth “best practices” about privacy protection at work (the Guidelines). As is often the case in France – in particular if connected to labor law regulations – the lector should bear in mind that … Continue Reading
Pursuant to their common decision 26 February 2013 to engage action in order to penalize Google Inc. for refusing to revise its global privacy policy, six of the European Working Party 29 regulators, led by the French CNIL, have now jointly started to act in their respective jurisdictions and according to their national laws against … Continue Reading
This post was written by Daniel Kadar. France’s highest court (“Cour de cassation”) ruled 26 June 2012 in Monsieur X v. YBC Helpevia that a company’s internal rules may limit an employer’s access to employee emails. French case-law has traditionally held that employees have a right to privacy at their workplace and that an employer … Continue Reading
We have previously reported on the different requests and repeated questionnaires the Commission nationale de l’informatique et des libertés (CNIL) has sent to Google over the past few months regarding the evaluation of Google’s compliance with applicable European Data Protection Regulation concerning its new integrated privacy policy, as well as the new integrated platform launched … Continue Reading
This post was written by Daniel Kadar. A new regulation of the CNIL, dated 12 June 2012 and published on 13 July 2012, modifies the ways and means of collecting and processing client/prospect-related data. The regulation, issued as an amendment to the “Simplified Norm No. 48” [http://www.cnil.fr/en-savoir-plus/deliberations/deliberation/delib/184/], broadens the possibility for data controllers to make … Continue Reading
“The CNIL is ready for combat” – this is how Mrs. Falque-Pierrotin, President of the CNIL, described its mission after taking office last year. Introducing a 100-page-long yearly “Activity Report” dated 10 July 2012, fully translated into English, the President of the CNIL outlined what is to be seen as the main action principle of … Continue Reading
On 25 June 2012, the CNIL published on its website a summary article and a 10 page conclusion paper, along with a 21-page “recommendations” document, which constitute the French Data Protection Authority’s new guidance in that regard. Aimed to target small- to medium-sized companies considering using cloud computing services, and aimed at helping them make more … Continue Reading
This post was written by Daniel Kadar. On 28 May, the French CNIL released new practical guidance related to data violation. A new Article 34 bis has been added to the French Data Protection Act as part of implementing the Telecom Package obliging Electronic Communications Providers (ECPs) to notify “without delay” the French CNIL of … Continue Reading
This post was written by Cynthia O’Donoghue. The French Data Protection Authority (the “CNIL”) issued a press release 19 April 2012 detailing its planned enforcement agenda for the coming year. The CNIL announced that it intends to conduct around 450 on-site inspections during 2012, with particular focus on six specific themes. The CNIL will also … Continue Reading
We have previously reported that the French Data Protection Authority (DPA), the CNIL, had sent to Google 19 March 2012, a 12-page questionnaire divided in not less than 69 main questions on Google’s new privacy policy. The CNIL has been designated by the Working Party 29 to evaluate the compliance to applicable data protection regulation … Continue Reading
