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)

Under Article 2, para. 2, of the Law on data protection , a personal data file is any structured set of personal data accessible according to specific criteria, whether this set is centralized, decentralized, or distributed in a functional or geographical manner.
The National Commission on Information Technology and Civil Liberties (CNIL) defines personal data as any information relating to an ide …

Sources

Under Article 2, para. 2, of the Law on data protection , a personal data file is any structured set of personal data accessible according to specific criteria, whether this set is centralized, decentralized, or distributed in a functional or geographical manner.

The National Commission on Information Technology and Civil Liberties (CNIL) defines personal data as any information relating to an identified or identifiable natural person, either directly, through data such as their first and last name, or indirectly, through the compilation of several pieces of information such as their phone number, social security number, or postal address. Company contact details such as its postal address, main phone number, and a generic contact email do not, in principle, constitute personal data .

The General Data Protection Regulation (GDPR)  governs the processing of personal data within the territory of the Union. It applies to any organization, public or private, that processes personal data, whether on its own behalf or not, as long as it is established within the territory of the Union or its activity directly targets residents thereof. The Data Protection Act was amended by Law No 2018-493 of 20 June 2018, which transposed the provisions of the GDPR, particularly to account for the referral of the text to national legislations. Ordinance 2018-1125 of 12 December 2018, which came into force on 1 June 2019, subsequently allowed for the restructuring of the Data Protection Act accordingly. The new text is supplemented by Decree 2019-536 of 29 May 2019, which came into force on 1 June 2019, and specifies certain procedural rules before the CNIL. Since the Data Protection Act does not fully incorporate the provisions of the GDPR, which are directly applicable, the GDPR and the Law of 6 January 1978 should be read in combination.

Law No 78-17 of 6 January 1978 on Information Technology, Files, and Liberties, OJ of 7 January 1978.

Definition of the CNIL (Commission nationale de l’informatique et des libertés).

Regulation No 2016/679 of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive No 95/46/EC (General Data Protection Regulation), as amended by the corrigendum to Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive No 95/46/EC (General Data Protection Regulation), OJ L127 2 of 23/05/2018.

White Collar Crime (en cours)

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Les notions juridiques connexes

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Les notions juridiques connexes

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