French Senate Proposes Amendments to the Data Protection Act

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A draft ‘‘Law to Better Guarantee the Right to Privacy in the Digital Age,’’ which has been submitted to the French Senate, is scheduled to be reviewed in the coming months by an internal committee before being put to a vote in the full assembly of

senators. Among other things it would clearly identify an internet protocol address as personal data, create an obligation to notify the French data protection authority of data breaches, and impose data security requirements. It would double monetary penalties for

violations of the Data Protection Act and would require data controllers to obtain the prior consent of data subjects for data processing, including the use of cookies, except if a legal

exception applies. The measure is likely to be amended, but there is a clear indication that privacy and data protection are on the political agenda in France, meaning that the measure

could possibly be enacted in 2010.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Olivier Proust, Fieldfisher | Attorney Advertising

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