Data Protection in France

In France the GDPR is known as the RGPD; it is completed by the national Informatique et Libertés law and enforced by the CNIL, an active regulator. English-speaking lawyers help foreign-owned businesses, online shops, employers and holiday-let hosts in France put their handling of personal data in order and deal with complaints, breaches and inspections.
lawyers in France
2
clients' rating in France
4.85 ★

About Data Protection in France

Data protection in France — GDPR compliance, French data protection law, data privacy law — rests on the EU regulation called the RGPD in French, on the national loi Informatique et Libertés that completes it, and on the guidance and inspections of the regulator, the CNIL (Commission nationale de l'informatique et des libertés). Bringing a business into line is called mise en conformité RGPD; a data protection officer is a délégué à la protection des données, usually just the DPO. This page is about the duties of a business; a person who wants their own information taken off the internet has a different request.

Who it concerns

Foreign companies with French customers or staff, online shops and apps, marketing agencies, clinics and therapists, estate agencies, hosts of furnished holiday lets, and businesses outside the EU that target people in France.

What compliance means in practice

  • A record of the processing the business carries out (registre des traitements), with a lawful reason for each use of data.
  • A privacy notice in French saying what is collected, why, for how long and who receives it.
  • A cookie banner that lets visitors refuse as easily as they accept, a point on which the CNIL is strict.
  • Written terms with every service provider handling the data: hosting, payroll, booking platform, customer database.
  • A procedure for data breaches (violation de données), which may have to be reported to the CNIL within a short deadline.
  • Replies to people who ask to see, correct or erase their data.

Points to watch in France

Cameras at work or in a shop fall under data protection and labour law at the same time: staff have to be informed, and the employee representatives consulted where they exist. Monitoring employees' e-mails or movements is tightly limited. Hosts of tourist rentals have a separate duty to have foreign guests fill in a police registration form, which is not the same thing as RGPD compliance. Many inspections begin with a complaint filed online (plainte CNIL) by a customer or a former employee. Fines exist, and the CNIL makes many of its decisions public.

What a lawyer does

Maps the data the business holds, drafts the privacy notice, cookie policy and internal rules in French and English, writes the data clauses with suppliers during a contract review, advises whether a DPO is required, and represents the business in a CNIL inspection or complaint. Related topics: tourist rental registration and, for staff data and cameras, employment disputes.

Questions and answers

Does the RGPD apply to a small business in France?

Yes, whatever its size. A small business keeps simpler records, but the principles are the same.

Is a DPO compulsory?

Only for public bodies and for businesses whose core activity involves large-scale monitoring of people or sensitive data. Others may appoint one voluntarily.

A customer has complained to the CNIL. What happens next?

The CNIL may ask the business for explanations or open an inspection. A prompt, documented answer usually matters more than anything else.

Our company is outside the EU. Does the RGPD apply?

It can, if you offer goods or services to people in France or monitor their behaviour; such a company may also need a representative in the EU.

2 lawyers who provide Data Protection in France

Sorted by experience in this service. Write to any of them — the reply comes from the lawyer, without obligation.

  • Julian, lawyer in Toulouse

    Julian

    Lawyer · Toulouse, France

    • 117 cases handled
    • 39+ years in practice
    • Speaks: English, Spanish, German, French
    • Law with Honours, Liverpool University
    Contact Julian
  • Thibault, lawyer in Guéron

    Thibault

    Lawyer · Guéron, France

    • 101 cases handled
    • 17+ years in practice
    • Speaks: French, English
    • DEA International law, Caen Law University
    • 4.91(7 reviews)
    Contact Thibault
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