Privacy Law at France
France's data protection framework is primarily governed by the General Data Protection Regulation (GDPR), applicable across the European Union, and the French Data Protection Act (Loi Informatique et Libertés), which has been harmonized with the GDPR. The Commission Nationale de l'Informatique et des Libertés (CNIL) serves as the independent authority overseeing compliance with these laws.
Key Features of French Data Protection Law
1. *GDPR Alignment
The French Data Protection Act has been extensively revised to align with the GDPR, ensuring consistency in data protection standards across the E. This includes provisions on data subject rights, lawful bases for processing, and the responsibilities of data controllers and processor.
2. *Role of the CNIL
The CNIL is empowered t:Conduct investigations and audit.Issue warnings and reprimand. Impose administrative fines up to €20 million or 4% of global turnover, whichever is highe.Order the cessation of unlawful data processing activitie.In 2019, the CNIL fined Google €50 million for failing to obtain valid consent for personalized ads, marking the first significant enforcement action under the GDR
3. *Criminal Sanctions
French law stipulates criminal penalties for severe data protection violations, includin:Up to €300,000 in fines and 5 years' imprisonment for intentional violation.Up to €100,000 in fines for obstructing CNIL investigation.Double penalties for repeat offenses within five yeas
4. *Data Protection Officer (DPO)
under the GDPR, certain organizations are required to appoint a Data Protection Officer (DPO) to oversee data protection activitie. The DPO must be independent, an expert in data protection, adequately resourced, and report to the highest management levl
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