Cyber Law at French Guiana (France)
Cyber Law in French Guiana is governed by French law, as it is an overseas region of France. Therefore, the legal framework for cyber-related issues is essentially the same as in mainland France, with some adaptations for the local context.
Here's a breakdown of the key cyber laws and regulations relevant to French Guiana:
⚖️ Key Legal Frameworks
1. The French Penal Code and Cybercrime
French Guiana follows French Penal Code provisions, which include regulations on cybercrime such as:
Unauthorized access to computer systems or networks.
Hacking (unauthorized interference with data or systems).
Cyber fraud (including phishing, online scams, and financial fraud).
Invasion of privacy, including the unauthorized dissemination of personal data or intimate images.
Cyberbullying and online harassment.
Theft of electronic data or digital identity theft.
These provisions are applied across France, including French Guiana, under French national jurisdiction.
2. The French Data Protection Act – Law No. 78-17 of 1978 (Updated in 2018)
This law, known as the Loi Informatique et Libertés (Data Protection and Privacy Law), governs the processing of personal data in France and applies to French Guiana.
Regulates how personal data is collected, processed, stored, and shared.
Ensures data subject rights, such as the right to access, correct, and delete personal data.
Created the Commission Nationale de l'Informatique et des Libertés (CNIL), the regulatory authority for enforcing data protection laws.
The law was updated to align with the General Data Protection Regulation (GDPR), which applies to all EU member states, including France and its overseas regions like French Guiana.
3. The French Cybersecurity Code – Code de la Sécurité Intérieure
This law is concerned with national cybersecurity and applies to French Guiana as part of France.
Requires operators of essential services (like utilities, healthcare, and transportation) to implement cybersecurity measures.
Introduces specific obligations for businesses and public institutions to secure their digital infrastructure and respond to cyber incidents.
Creates the ANSSI (Agence Nationale de la Sécurité des Systèmes d'Information), the French National Cybersecurity Agency, which oversees the country's cybersecurity efforts, including in French Guiana.
4. The European Union’s GDPR
Since French Guiana is part of France, it is subject to the General Data Protection Regulation (GDPR), which:
Regulates how businesses must handle personal data of individuals in the EU and European Economic Area (EEA), including in French Guiana.
Empowers individuals with rights over their personal data, such as the right to be forgotten and the right to portability.
GDPR compliance is crucial for businesses that handle personal data in French Guiana, especially those with connections to the EU market.
🧑⚖️ Enforcement and Regulatory Authorities
CNIL (Commission Nationale de l'Informatique et des Libertés) – The main regulatory body for data protection and privacy enforcement. CNIL oversees compliance with data privacy laws, investigates breaches, and can impose fines for violations.
ANSSI (Agence Nationale de la Sécurité des Systèmes d'Information) – Responsible for implementing national cybersecurity policies and responding to cyber threats across France and its territories, including French Guiana.
Ministry of the Interior – The Ministry has dedicated departments for addressing cybercrime through police forces and coordination with judicial authorities.
🚨 Cybercrime and Enforcement in French Guiana
Since French Guiana is subject to French law, cybercrime offenses such as:
Data breaches, identity theft, cyber extortion.
Distribution of malware or other types of harmful software.
Phishing and online fraud.
Infringements on intellectual property (such as illegal file sharing).
are prosecuted according to French penal laws.
While French Guiana is geographically distant, it still falls under the jurisdiction of French authorities for cybercrime matters. Therefore, local law enforcement may collaborate with national authorities to investigate and combat cybercrime.
🌍 International Cooperation
As part of the European Union, French Guiana benefits from France’s participation in various international agreements and cooperation on cybercrime, such as:
Budapest Convention on Cybercrime – France is a signatory, meaning French Guiana is subject to the framework for international cooperation in tackling cybercrime.
INTERPOL and Europol – French Guiana collaborates with global law enforcement agencies in the fight against transnational cybercrime.
📌 Summary: Cyber Law in French Guiana (France)
| Area | Main Law / Regulation | Notes |
|---|---|---|
| Cybercrime | French Penal Code, Law No. 175/2018 | Covers hacking, fraud, identity theft |
| Data Protection | Law No. 78-17 (updated 2018) | GDPR-compliant; CNIL is the authority |
| Cybersecurity | Code de la Sécurité Intérieure | ANSSI responsible for cybersecurity |
| International Cooperation | EU, INTERPOL, Budapest Convention | France and French Guiana participate |
🧠 Interested in something specific?
If you want to learn more about how to comply with these laws in a business context, how to protect personal data, or how the enforcement agencies operate in French Guiana, I can provide more detailed information.
RELATED Blog
0 comments