Privacy & Information Security Law Blog: CNIL Publishes Initial Assessment Of GDPR Implementation

Author:Andrews Kurth LLP
Profession:Hunton Andrews Kurth LLP
 
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On September 25, 2018, the French Data Protection Authority (the "CNIL") published the first results of its factual assessment of the implementation of the EU General Data Protection Regulation (GDPR) in France and in Europe. When making this assessment, the CNIL first recalled the current status of the French legal framework, and provided key figures on the implementation of the GDPR from the perspective of privacy experts, private individuals and EU supervisory authorities. The CNIL then announced that it will adopt new GDPR tools in the near future. Read the full factual assessment (in French).

Upcoming Consolidation of the French Legal Framework

The French Data Protection Act ("the Act") and its implementing Decree were amended by a law and Decree published respectively on June 21 and August 3, 2018, in order to bring French law in line with the GDPR and implement the EU Data Protection Directive for Police and Criminal Justice Authorities. However, some of the provisions of the Act still remain unchanged and are no longer applicable. In addition, the Act does not mention all new obligations imposed by the GDPR or the new rights of data subjects, and is therefore incomplete. The CNIL recalled that an ordinance is expected to be adopted by the end of this year to re-write the Act and facilitate readability of the French data protection framework.

Gradual Rolling Out of the GDPR by Privacy Experts

The CNIL noted that 24,500 organizations have appointed a data protection officer ("DPO"), which represents 13,000 DPOs. In comparison, only 5,000 DPOs were appointed under the previous data protection framework. Since May 25, 2018, the CNIL has also received approximately 7 data breach notifications a day, totaling more than 600 data breach notifications, which affected 15 million individuals. The CNIL continues to receive a large number of authorization requests in the health sector (more than 100 requests filed since May 25, 2018, in particular for clinical trial purposes).

Individuals' Unprecedented GDPR Awareness

Since May 25, 2018, the CNIL has received 3,767 complaints from individuals. This represents an increase of 64% compared to the number of complaints received during the same period in 2017, and can be explained by the widespread media coverage of the GDPR and cases such as Cambridge Analytica. EU supervisory authorities are currently handling more than 200 cross-border complaints under the cooperation procedure provided for by the...

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