Privacy Law Blog

Tag Archives: CNIL

New Privacy Developments in France

DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Cécile discussed the passing of the Digital Republic Bill and its implications for organizations, as well as the latest developments regarding employee monitoring in France and the upcoming changes with … Continue Reading

Privacy Pros Invited to Confront GDPR Application

Proskauer Counsel Cécile Martin was recently interviewed by DataGuidance’s “Privacy This Week” covering new guidance issued by the French data protection authority (‘CNIL’) on June 15, 2016. The guidance highlights the main changes in relation to the General Data Protection Regulation (‘GDPR’). On June 16, 2016, CNIL launched an online consultation regarding the interpretation and … Continue Reading

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

Co-authored by Geoffrey Roche   On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting to all the search engine’s extensions.… Continue Reading

One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

According to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013, the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national consumer credit database, the right to be forgotten, the right to refuse cookies, the proposed EU Regulation, and, of … Continue Reading

France Facilitates Implementation of Whistleblowing Systems

In France, before implementing a whistleblowing process, a company must inform and consult with its employees’ representatives, inform its employees and notify the French Data Protection Agency (CNIL). There are two possible ways to notify the CNIL of a whistleblowing system: request a formal authorization from the CNIL (this is quite burdensome and difficult to … Continue Reading

CNIL Cracks Down on Employee Video Monitoring and Password Strength

In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the constant monitoring of one employee making the recording disproportionate to the goal pursued.  The CNIL also sanctioned the company because it failed … Continue Reading

One year of Data Protection Enforcement in France: what the CNIL’s Activity Report Reveals

The French Data Protection Authority (“CNIL”) has recently issued its activity report for 2011. It provides us with some interesting data and allows us to reflect on the ever-growing importance of privacy and data protection in France. Video-surveillance, the right to be forgotten on the Internet, data breaches and abusive data collection by companies were … Continue Reading

Filers Beware! Court of Appeal Rejects CNIL-approved Whistleblowing System

In a decision dated September 23, 2011, the Court of Appeal of Caen suspended the implementation of a whistleblowing system that had been previously authorized by the French Data Protection Agency (CNIL) because, in the court’s view, the system infringed on the individual and collective rights and liberties of the company’s employees.… Continue Reading

What’s new in Europe?

While the European Commission is seeking to update its 15-year-old Directive regarding the protection of personal data, several regulations have been passed to strengthen privacy rights in Europe. With all this activity, it's clear that the United States is not the only country trying to adapt its privacy and information security standards to rapidly evolving technologies and marketplaces. Companies with an international presence need to stay alert to stay compliant. We can help! … Continue Reading

French Data Protection Agency Restricts the Scope of the Whistleblowing Procedures: Multinational Companies Need to Make Sure They Are Compliant

By a decision dated October 14, 2010, and published on December 8, 2010, the French Data Protection Agency (known under the acronym CNIL) revised the deliberation that it issued on December 8, 2005. At that time, the CNIL had issued a deliberation to reach a compromise between the United States' Sarbanes-Oxley ("SOX") requirements and French law. According to Article 1 of that deliberation, companies were authorized to adopt whistleblowing systems implemented in response to French legislative mandates, regulatory internal control requirements (e.g. regulations governing banking institutions), or the whistleblowing requirements of the SOX Act. According to Article 3 of the 2005 deliberation, alleged wrongdoings not encompassed within these core areas may be covered by the whistleblowing system only if vital interests of the company or the physical or psychological integrity of its employees were threatened. … Continue Reading

French Data Protection Agency Issues Guidelines to Help Companies Strengthen the Security of their Data Processing

To assist companies to comply with European data protection laws, in particular those implemented in France, the French Data Protection Agency (known as "CNIL") recently issued a set of guidelines organized by topic which provide elementary precautions to be taken by data controllers in several subject areas, including what types of conduct are prohibited as well as the CNIL's recommendations in these areas. … Continue Reading

Opt Out Rejected by the EU Data Protection Authorities for Online Behavioral Advertising

In an opinion issued on June 22, 2010, the EU Data Protection Authorities (Article 29 Working Party) clarified the legal framework applicable to online behavioral advertising - an activity that is becoming a hot topic for discussion as its popularity grows. Among other things, the Article 29 Working Party clearly took the position that it is incumbent upon advertising network providers to "create prior opt-in mechanisms requiring an affirmative action by the users indicating their willingness to receive cookies and the subsequent monitoring of their surfing behavior for the purposes of serving tailored advertising." … Continue Reading

First Subsidiary of a U.S. Based Multinational Company Fined for Data Protection Violations in France

Last month the French subsidiary of the U.S. based company, Tyco Healthcare, became the first local branch of a U.S. company to be fined for data protection violations. France’s data protection agency, La Commission Nationale de L’informatique et des Libertes (CNIL) levied a fine of 30,000 euro (or about $40,350) against the company after it … Continue Reading
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