Protection of personal Data

Digital transformation and the personal data that goes with it

Lavoix’s team of lawyers can assist you in ensuring that your activities are compliant with personal data law and in particular with the GDPR.

Lavoix’s comprehensive support covers the following areas:

  • Audits of personal data processing
  • Website audits
  • Information notices and personal data collection forms
  • Maintaining the register of processing operations
  • Contracts
  • Privacy policy
  • Cookie policy
  • Binding corporate rules
  • Impact assessments
  • Staff awareness and training
  • CNIL (French data privacy regulator) disputes and court litigation

Lavoix’s team of lawyers can also assist you as an external DPO:

Role

  • Global project manager ensuring the effective implementation of your GDPR compliance plan

  • Professional skills in law and data protection

Tasks

  • Inform and advise

  • Oversee compliance with the GDPR

  • Cooperate with supervisory authorities

FAQ

The General Data Protection Regulation (GDPR) came into force on May 25, 2018. It governs ‘the protection of individuals with regard to the processing of personal data and the free movement of such data’.

It applies to businesses and public authorities established in the European Union or outside the EU that offer goods/services to or monitor the behavior of individuals located in the EU.

The processing of this data is only lawful if it is based on at least one of the following legal grounds (Article 6 of the GDPR):

  • consent,
  • contract,
  • legal obligation,
  • safeguarding vital interests,
  • public interest,
  • legitimate interests.

Personal data refers to “any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person” (Art. 4.1 of the GDPR).

Personal data must be processed according to 7 fundamental principles as defined in Article 5 of the GDPR:

  1. Lawfulness, fairness, transparency
  2. Purpose limitation
  3. Data minimization
  4. Accuracy
  5. Storage limitation
  6. Integrity and confidentiality
  7. Accountability

Every physical person has rights regarding their personal data:

  • Right to information and access to their data
  • Right to rectification: correction of inaccurate or incomplete data
  • Right to erasure: deletion of their data
  • Right to restriction of processing
  • Right to data portability (transfer of data to another data controller)
  • Right to object on legitimate grounds (profiling, prospecting, etc.)
  • Right to object to automated individual decision-making (automated data processing)

A personal data controller must comply with several legal obligations:

  • Accountability: carry out compliance processing and document it
  • Informing the individual concerned
  • Maintaining a record of processing activities
  • Information security
  • Notification of breaches to the individual concerned and to the data protection authority of your country
  • Conducting an impact assessment
  • Appointing a Data Protection Officer (or DPO)
  • Performing secure transfers (any transfer outside the EU is prohibited)
  • Selecting processors that offer sufficient guarantees

These processors must also comply with obligations of transparency and traceability, security, and provide assistance, alerts, and advice.

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To bring your activities into compliance with personal data law and in particular with the GDPR. Contact our team.