How the GDPR has impacted French law?
Although it is a regulation and does not need any validation by the Member States to be directly applicable, the GDPR has given rise to the French law.
We tell you more…
Understand globally the why of the French law:
The European Union Member States are directly subject to European standards, but some are more imperative than others… As such, the regulation is the strictest form. States cannot therefore decide by a domestic law to adopt contrary provisions to the content of the regulations on pain of having it declared inapplicable.
However, it should be noted that in view of optimal internal application, the regulations often leave the application of certain provisions to the free will of the Member States.
Thus, when the GDPR was adopted, certain arrangements for its application were left to the discretion of each State. French law therefore reacted and the assembly definitively adopted, on 14 May 2018, the draft law on the protection of personal data.
BUT, this bill was referred to the Constitutional Council by 60 senators who considered that certain provisions were against the law.
- The Council voted on 12 June 2018 the conformity of of the bill with the constitutional law .
What’s in this law?
It comes in particular:
- Set the numerical majority at 15 years of age
- Enlarge the CNIL’s powers
- Expand group action