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Data Protection Leader
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Volume: 15 Issue: 6
(June 2018)

Keywords:
eu data reform gdpr

Jurisdictions:
france

French: GDPR Draft Law passes constitutional scrutiny

The French Constitutional Council (‘the Constitutional Council’) ruled, on 12 June 2018, on the constitutionality of the provisions laid out in the draft Law on the Protection of Personal Data (‘the Draft Law’) implementing the General Data Protection Regulation (Regulation (EU) 2016/679) (‘GDPR’) and the Data Protection Directive with Respect to Law Enforcement (Directive (EU) 2016/680). In particular, the Constitutional Council found that the majority of the provisions of the Draft Law were in accordance with the Constitution, except for the wording ‘under the control of the public authority’ included in Article 13. Following the ruling, the Draft Law was published in the Official Gazette, on 21 June 2018, as Law No. 2018-493 of 20 June 2018 on the Protection of Personal Data, and is now fully in effect.

Cécile Martin, Partner at Ogletree Deakins International LLP, noted, “According to the 60 Senators that referred the matter to the Constitutional Council, even though the GDPR allows Member States to adopt specific local rules, the Draft Law was not easily comprehensible and accessible given that it contained several discrepancies with the provisions of the GDPR. The Constitutional Council considered that the introduction by the legislator of provisions which may be slightly different from the GDPR does not have the effect of depriving the Draft Law of accessibility and understanding. The Council also underlined that the Draft Law empowers the Government to bring formal corrections and adaptions to the Draft Law once published by way of orders.”

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