Introduction

Matrix organization

Mergers by absorption

Risks related to the expansion of the scope of criminal liability of legal entities

Validity conditions

Proof of delegation

Exemption from individual liability of delegator

Attribution of offense to legal entity

Delegations of authority

Criminal risk management within business organizations

Complicity in crimes against humanity

Breaches of secrecy

Personal data breaches

Theft

Extortion

Blackmail

Fraud

Misappropriation

Receiving/concealment of unlawfully obtained property (recel)

Attacks on automated data processing systems

Money laundering

Misappropriation by public official (concussion)

Corruption and influence peddling

Unlawful acquisition of an interest

Favoritism

Forgery and use of forgeries

Violation of Criminal Code

Offenses under the Monetary and Financial Code

Offenses under the Commercial Code

Environmental Code violations

Offenses arising from other codes

Types of offenses

Offenses under the Criminal Code, the Commercial Code, or the Environmental Code, Criminal procedure

White Collar Crime (en cours)

Pursuant to Article 226-18-1, the act of processing personal data concerning a natural person despite that person's objection, when such processing is for purposes of solicitation, particularly commercial, or when this objection is based on legitimate grounds, is punishable by five years of imprisonment and a fine of EUR 300,000. This offense is intentional in nature as it is constituted by the ac …

Breach of the obligation to respect the right to object

Pursuant to Article 226-18-1, the act of processing personal data concerning a natural person despite that person's objection, when such processing is for purposes of solicitation, particularly commercial, or when this objection is based on legitimate grounds, is punishable by five years of imprisonment and a fine of EUR 300,000. This offense is intentional in nature as it is constituted by the act of processing personal data despite the objection of the data subject.

When the enforcement concerns data used for commercial prospecting purposes, the data subject is not required to provide proof of legitimate reasons, such as political, philosophical, or religious aims . The breach of the obligation to respect the right to object is notably constituted by the fact that individuals who unsubscribed from all solicitations from the company continued to receive emails after the unsubscription date .

The exercise of the right to object is not subject to any formal requirements. Therefore, an objection addressed to the National Commission on Information Technology and Civil Liberties, which forwards it to the relevant organization or undertaking, is valid . The data controller must provide users with a mechanism to object to the transmission of their personal data  that specifies that the transmission of users' data lacks a legal basis due to the data controller's failure to respect the interest and rights of the data subjects while pursuing its legitimate interest.

Cass. crim., 28 September 2004, LawLex202200003601JBJ.

CNIL, 13 October 2014, LawLex202200003568JBJ.

CNIL, 27 November 2017, LawLex202200003569JBJ.

White Collar Crime (en cours)

47. Breach of the obligation to respect the right to object

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47. Breach of the obligation to respect the right to object

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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