France Data Protection Act
Operationalize DPA compliance with the most comprehensive PrivacyOps platform
Last Updated on April 27, 2023
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Since France is a member of the European Union, it is subject to the General Data Protection Regulation (GDPR). However, like every other EU member, the country must incorporate the GDPR in its domestic legal framework. Act No. 78-17 of January 6, 1978, on Information Technology, Data Files and Civil Liberties (France Data Protection Act) is the interpretation of the GDPR within France. It incorporates the GDPR within France.
The Commission Nationale de l'Informatique et des Libertés (CNIL) is the relevant regulatory authority in France for the purposes of compliance with the GDPR and French Data Protection Act.
The French law applies to data handlers based in France, data handlers outside France that provide goods or services to users in France, and data handlers outside France that keep track of the online activities of data subjects based in France.
The Solution
Securiti enables organizations to comply with the France Data Protection Act through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities, and AI-driven process automation.
Securiti supports enterprises in their journey toward compliance with the France Data Protection Act through automation, enhanced data visibility, and identity linking.
See how our comprehensive PrivacyOps platform helps you comply with various sections of the France Data Protection Act.
Request a demo today to learn how Securiti can aid you and your organization's compliance efforts.
Assess Readiness
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Harness the power of our collaborative, multi-regulation readiness, identify gaps, address risks, and use the DPIA assessment system to measure your organization's posture against the French Data Protection Act requirements. Expand assessment capabilities across your vendor ecosystem to maintain compliance with French Data Protection Act requirements.
Automate Consumer Data Request Handling
Article 49
Ensure data subjects' rights fulfillment by verifying data access requests and automating responses to Data Subject Access Requests (DSAR).
Automate the Processing of Rectification Requests
Article 50
Fulfill data rectification requests seamlessly with the help of automated data subject verification workflows across all appearances of a subject’s personal data.
Automate Erasure/Destroy/Anonymize Requests
Article 51
Fulfill data erasure requests through flexible, automated, and customizable workflows.
Automate Object and Restriction of Processing Requests
Article 53
Seamlessly fulfill data object requests with automated data subject verification and rectification workflows across all appearances of a subject’s data.
Automate Data Protection Impact Assessment (DPIA)
Article 63
Identify real and potential compliance risks within internal policies and external regulations. Document the entire process and maintain assessment records. Swiftly adopt the ‘privacy by design’ principle.
Map Data Flows (Cross-Border Data Transfers) and Generate RoPA Reports
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Trace data flow across your digital estate, catalog data collection and transfer points, and document all business process flows internally and to service providers or third parties. Maintain an inventory of processing components and generate processing reports.
Monitor and Track Consent
Article 5(1) + 45 + 75 + 82
Monitor consent to ensure data is processed legally. Track consent revocation to prevent the processing or transfer of data without consent. Demonstrate consent compliance to regulators and data subjects by maintaining updated and accurate audit trails.
Automate Data Breach Response Notifications
Article 58(1) + 83(1)
Automate compliance actions and breach notifications to concerned stakeholders regarding security incidents by leveraging a knowledge database on security incident diagnosis and response.
Manage Vendor Risk
Article 60
Track, monitor, and manage privacy and security readiness for all your service providers from a single interface. Collaborate instantly, automate data requests and deletions, and manage all vendor contracts and compliance documents.
Meet Cookie Compliance
Article 82
Automatically scan the organization’s web properties, identify cookies and categorize cookies and tags. Build customizable cookie banners as per the geographical requirements, collect consent and provide a preference center to manage the cookie preferences of your users.
Privacy Policy and Notice Management
Article 48
Automatically update and refresh your policies and notices. Build and publish a privacy notice from a library of pre-built templates. Ensure your privacy policy and notice are dynamically updated by tracking changes in cookie consent, universal consent, data processing, and data subject rights activities.
Implement Security Measures
Article 57
Securiti’s Data Intelligence modules enable you to identify gaps and risks particular to your data processing and implement appropriate security controls.
Key Rights Under France Data Protection Act
Right to be informed
Data subjects have the right to be informed when personal data is collected directly or indirectly.
Right to Access the Data Subject's Own Personal Data
The Data Protection Act gives data subjects the right to request access to their personal data collected by the data controller. This access request, however, may be refused if the data in question is being used in a judicial proceeding, and giving the data access could compromise the confidentiality of the data.
Right to Rectify/Correct the Data Subject's Own Personal Data
All data subjects can ask the data handler to update or modify their personal data. The data handler must make these adjustments without charging the data subject any additional fees and without undue delay.
Right to Erasure of Personal Data
The data subject has the right to ask the data handler to remove any information they may hold about them. The data handler must promptly comply with this request and notify the data subject of the deletion of the data.
Right to Restrict Data Processing
Every data subject has the right to ask the data handler to restrict the data processing. Similarly, a data subject may ask the data handler to stop using their information altogether.
Right to Withdraw Consent
The data subject has the right to withdraw their prior consent. When consent is withdrawn, the data handler can no longer process the data subject's information without their consent.
All of these rights have certain limitations and can be exercised under certain circumstances.
Quick Facts About France Data Protection Act
The French data regulatory authority Commission nationale de l'informatique et des libertés (CNIL, English: National Commission on Informatics and Liberty) is the national supervisory authority for the application of the GDPR in France and the French Act in France.
There are no variations to the GDPR as far as lawful bases of data processing and principles of data protection are concerned.
In case of any non-compliance, the CNIL has powers to issue warnings, notices, injunction orders, temporary or definitive restrictions on processing, and even order suspension of data flows.
The GDPR imposes fines of €20 million or 4% of their annual global turnover, whichever is greater.
The CNIL has recently prohibited using Google Analytics due to the transfer of EU personal data to US-based servers without adequate protection. It also banned a public body from using Google reCAPTCHA without obtaining the user’s consent.
The CNIL requires website publishers to obtain the data subject’s opt-in consent prior to the use of cookies and similar tracking technologies. It has also emphasized that “Accept all” and “Reject All” buttons on cookies banners be of the same size, shape, and color so as to not mislead users.
At Securiti, our mission is to enable enterprises to safely harness the incredible power of data and the cloud by controlling the complex security, privacy and compliance risks.
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