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.
France
French Employers Can Open Files Located on a Company-Issued Computer Provided That They Are Not Clearly Identified As Personal
By Cecile Martin on
the French Supreme Court made clear that all files created by an employee on an employer’s computer belong to the employer unless they are expressly identified as personal
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