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 8,  part I of the loi Informatique et Libertés (French data protection law), the national commission on information technology and civil liberties (CNIL), an independent administrative authority, constitutes the national supervisory authority for the application of the GDPR. In this capacity, it ensures that the processing of personal data is carried out in accordance with the  …

National commission on information technology and civil liberties

Pursuant to Article 8,  part I of the loi Informatique et Libertés (French data protection law), the national commission on information technology and civil liberties (CNIL), an independent administrative authority, constitutes the national supervisory authority for the application of the GDPR. In this capacity, it ensures that the processing of personal data is carried out in accordance with the provisions of the data protection law and other provisions relating to the protection of personal data provided by legislative and regulatory texts, Union law, and France's international commitments.

When aware of a crime or offense, it promptly notifies the Public Prosecutor, under the conditions provided in Article 40 of the Code of Criminal Procedure, and may present observations in criminal proceedings, under the conditions provided in Article 41. Violations of the provisions of the data protection law are punished by Articles 226-16 to 226-24 of the Criminal Code (Article 40 of Law No 78-17). According to Article 41, the Public Prosecutor informs the President of the CNIL of all prosecutions and, if applicable, the outcomes thereof. The investigating or trial court may call upon the President of the CNIL or their representative to submit observations or to present them orally at the hearing.

In case of breaches of the provisions of the GDPR or the French data protection law, the restricted formation of the CNIL may impose various sanctions such as a warning, order the organization to bring the processing into compliance, including under penalty, temporarily or permanently limit processing, suspend data flows, order compliance with requests to exercise individuals' rights, including under penalty, or impose an administrative fine. Since the GDPR came into force, the amount of financial penalties can reach up to EUR 20 million or, in the case of a company, up to 4% of the worldwide annual turnover, whichever is higher . Those sanctions may be made public. While the administrative sanctions provided by the French data protection law and the GDPR are the most commonly applied and very deterrent, one should not overlook the risk of criminal sanctions, as under Article 22 of the French data protection law, the accumulation of administrative and criminal sanctions is possible. When the restricted panel of the CNIL has imposed a financial penalty that has become final before the criminal court has definitively ruled on the same facts or related facts, the latter may order the deduction of the administrative fine from the criminal fine imposed .

Art. 22-1, para. 8, Law on data protection and civil liberties (loi Informatique et Libertés).

White Collar Crime (en cours)

38. National commission on information technology and civil liberties

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Les notions juridiques connexes

38. National commission on information technology and civil liberties

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Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise