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 of the Criminal Code, the collecting of personal data by fraudulent, unfair, or unlawful means is punishable by five years of imprisonment and a fine of EUR 300,000. This offense is intentional in nature, as the perpetrator must be aware of engaging in fraudulent, unfair, or unlawful collection.
Before finding the offense, the trial courts, after having noted the existen …

Collection of data by fraudulent, unfair, or unlawful means

Pursuant to Article 226-18 of the Criminal Code, the collecting of personal data by fraudulent, unfair, or unlawful means is punishable by five years of imprisonment and a fine of EUR 300,000. This offense is intentional in nature, as the perpetrator must be aware of engaging in fraudulent, unfair, or unlawful collection.

Before finding the offense, the trial courts, after having noted the existence of automated processing of personal data, must ensure that the data controller in question collected the personal data in a fair and lawful manner, and that the person who collected them was the controller, determine the rules applicable to them, and ascertain the purpose of the collection .

The Court of Cassation initially adopted a restrictive interpretation of the law as it required not only that the data be collected by fraudulent, unfair, or unlawful means, but also that they be recorded or stored in a file, whether automated or not . It has returned to a strict interpretation of the text and now considers that the collection of personal data includes collecting email addresses when they are used unrelated to the purpose of their posting, without the authorization of their holders, thus depriving them of their right to object, even if the recording in the computer's RAM is fleeting . However, when the person, in responding to a questionnaire, has completed and signed a consent declaration reproducing Article 27 of the Law of 6 January 1978 on the mandatory or optional nature of responses, the consequences of a lack of response, the recipients of the information, and the existence of a right of access and rectification, the questionnaire was not collected in an unfair manner or without sufficient prior information .

Cass. crim., 13 April 2021, LawLex202200003596JBJ.

Cass. crim., 3 November 1987, LawLex202200002489JBJ.

Cass. crim., 14 March 2006, LawLex202200001624JBJ.

Cass. crim., 7 June 2016, LawLex202200003598JBJ.

White Collar Crime (en cours)

44. Collection of data by fraudulent, unfair, or unlawful means

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

44. Collection of data by fraudulent, unfair, or unlawful means

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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