RGPD

I. Introduction

On June 20, 2018, France adopted Law No. 2018-493 on the protection of personal data, in order to implement the General Data Protection Regulation (GDPR). This law revises and consolidates the 1978 "Informatique et Libertés" law.
The National Commission for Information Technology and Liberties (CNIL), as the national supervisory authority, is responsible for supervising, guiding and enforcing the GDPR and its implementing texts in France.
Thus, France has put in place a personal data protection system that complies with the requirements of the European Union.

II. Scope of application

The provisions relating to the implementation of the GDPR in France apply to:

any data controller or processor established in French territory;

any organization located outside France offering goods or services to individuals located in France, or monitoring their behavior in French territory.

Regardless of where the processing is carried out, the law applies as long as it concerns personal data of individuals located in France.
It covers both automated and non-automated processing that is part of a file.
Activities of an exclusively personal or domestic nature do not fall within its scope.

III. Principles relating to data processing

Lawfulness, fairness and transparency: all processing must be based on a clear legal basis and be carried out transparently.

Purpose limitation: data may only be used for specified and legitimate purposes.

Data minimization: only strictly necessary data should be collected.

Accuracy: data must be accurate and regularly updated.

Storage limitation: data should only be kept for the strictly necessary period, then deleted or anonymized.

Security and confidentiality: appropriate technical and organizational measures must be put in place to prevent any breach, alteration or loss of data.

IV. Rights of data subjects

In accordance with the GDPR and French legislation, individuals have the following rights:

Right to information and right of access;

Right to rectification;

Right to erasure (right to be forgotten);

Right to restriction of processing;

Right to data portability;

Right to object.

For minors under 15, the processing of their data requires the consent of a parent or guardian, and the information must be communicated to them in clear and understandable language.

V. Obligations of processors

Processors must:

strictly comply with the written instructions of the controller; implement adequate security measures;

assist the controller in fulfilling its obligations, particularly in responding to requests from data subjects;

notify the controller without delay in the event of a data breach; the latter must then inform the CNIL within 72 hours.

Controllers must keep a register of processing activities and carry out a Data Protection Impact Assessment (DPIA) in the event of a high risk.
Some organizations must also designate a Data Protection Officer (DPO) and make a declaration to the CNIL.

VI. International data transfers

When a transfer to a country outside the EU is envisaged, the controller must guarantee an adequate level of protection. This can be ensured by:

an adequacy decision of the European Commission;

or the signing of standard contractual clauses (SCCs).

Since the invalidation of the "Privacy Shield" on July 16, 2020, French entities must use the new standard contractual clauses adopted on June 4, 2021, or any other legal mechanism.

VII. Control and sanctions

The CNIL has extensive powers, including:

issuing warnings or formal notices;

limiting or prohibiting certain processing operations;

imposing fines of up to 20 million euros or 4% of global turnover, whichever is higher.

French legislation also allows individuals to formulate directives concerning the use of their data after their death. Failing this, processing must comply with the regulations in force.
The French framework for implementing the GDPR aims to guarantee individual rights, strengthen corporate compliance and foster trust in the digital environment.

VIII. Contact

Store name: Galerie Art Encadrement Perrin

Tel.: +33 3 81 91 22 61

Email: info@galerie-art-encadrement-perrin.com

Address: 106 Faubourg de Besançon, 25200 Montbéliard, France. Opening hours: Monday to Saturday, 9:00 a.m. to 6:00 p.m. (CET).