Mastering GDPR and CNIL Compliance: Essential Strategies for French Businesses

As a French online store owner or a merchant shipping to France, you have to make sure that your business is compliant with the legal requirements in the country. Compliance laws in France are in place to protect consumers' interests and promote fair competition. In this blog post, we will provide you with essential information on data protection laws in France and how to ensure that your online store is compliant with them. Additionally, we will inform you how our Consentmo app for Shopify stores, can help you maintain compliance with data privacy laws in France and promote trust among your customers.

GDPR in France

The GDPR in France a.k.a. Règlement général sur la protection des données (RGPD) is a data protection law that came into effect in 2018 across the European Union, including France. It sets out rules for the collection, processing, and storage of personal data of individuals within the EU, and it applies to all businesses that process EU citizens' data, regardless of where they are located.

To comply with GDPR, online store owners in France must obtain explicit consent from customers before collecting their personal information, use secure data storage, and provide customers with the right to access, rectify, and erase their data upon request.

Unique CNIL Requirements

1. Mandatory "Reject All" Button for Cookies: Unlike some other EU countries, the CNIL requires that websites in France include a "Reject All" button alongside the "Accept All" button in their cookie consent banners. This guarantees that users have a clear option to refuse non-essential cookies without any additional steps.‍
2. Pre-Consent Data Collection Restrictions: The CNIL has strict rules about data collection. No data processing or cookie collection should occur before explicit consent is obtained from the user. This means online stores must assure that cookies or tracking mechanisms are not activated until after the user has given their consent.‍
3. Detailed Cookie Information: CNIL mandates that cookie banners must provide detailed information about each type of cookie used, including its purpose, the data collected, and any third-party involvement. This level of transparency is important for obtaining informed consent from your users.‍
4. Simplified Opt-Out Mechanism: CNIL requires that users be able to withdraw their consent as easily as they gave it. This means that an opt-out mechanism should be easily accessible and simple to use, often through the same interface where consent was initially provided.‍
5. Specific Guidelines on Data Retention: The CNIL provides specific recommendations on how long personal data and cookies should be retained. For instance, data used for audience measurement cookies should not be stored for more than 13 months. Following to these guidelines is vital to maintain compliance.‍
6. Regular Audits and Compliance Checks: CNIL emphasizes the importance of regular audits and compliance checks. Businesses are expected to periodically review their data processing activities and cookie usage to verify ongoing compliance. Ignoring this can lead to significant fines if a violation is discovered.‍
7. Data Breach Notification Requirements: While GDPR sets general requirements for data breach notifications, CNIL has additional expectations regarding the speed and detail of these notifications. Businesses must inform CNIL within 72 hours of becoming aware of a data breach and provide comprehensive details about the nature of the breach, affected data, and remedial actions taken.

CNIL (Commission nationale de l'informatique et des libertés)

In addition to the broader compliance requirements, online store owners need to be mindful of specific regulations that apply in France. The French CNIL (Commission nationale de l'informatique et des libertés) is the key regulatory body that oversees data protection laws in the country. Their role is to guarantee that organizations, including online stores, comply with French data privacy standards, such as the GDPR.

For businesses operating in France or handling the personal data of French citizens, compliance with CNIL regulations is not optional. These regulations cover significant areas such as obtaining explicit customer consent for data processing, providing easy access to personal data upon request, and maintaining high-security measures to protect customer information. Non-compliance can lead to substantial fines and other legal consequences.

Given the potential risks, online store owners must stay updated on the latest developments in French data privacy regulations and take proactive steps to confirm they meet CNIL's stringent guidelines.

Consumer Protection Law

The Consumer Protection Law in France is a comprehensive set of regulations that aim to protect consumers' interests and promote fair competition. It covers areas such as product safety, pricing, advertising, and customer rights.

To comply with consumer protection laws in France, online store owners must be transparent in their pricing and advertising, provide clear and accurate product information, and guarantee customer satisfaction by offering a returns and refund policy.

Electronic Commerce Law

The Electronic Commerce Law in France sets out the legal framework for online transactions, including rules on information disclosure, contract formation, and dispute resolution.

To comply with this law, online store owners in France must provide customers with clear and accurate information about their products, pricing, and shipping policies. They must also ensure that the terms and conditions of sale are easily accessible and understandable to customers.

Compliance Checklist

 
• Research relevant laws and regulations: It's essential to stay up-to-date with French laws and regulations. You can consult with legal experts or regulatory bodies to make sure that your online store complies with all applicable laws and regulations.
 
• Review and update policies: Secure your policies, including privacy policies, returns policies, and terms and conditions of sale, are up-to-date and comply with French laws.
 
• Be transparent with customers: Provide clear and accurate information about your products, pricing, shipping policies, and terms and conditions of sale to customers. Be transparent in your advertising and marketing efforts.
 
• Keep accurate records: Keep accurate records of all financial transactions, including invoices, receipts, and other documents. This can help you comply with accounting and tax laws in France.
 
• Protect customer data: Ensure that you protect customer data by using secure data storage and complying with data privacy laws. Obtain explicit consent from customers before collecting their personal information.

The Consentmo app in France

Our Consentmo app for Shopify can assist merchants in ensuring compliance with data privacy laws in France. Here are some ways our app can help:

 
• Cookie consent: The app can help you obtain explicit consent from customers before collecting their data through cookies. It provides a customizable cookie consent banner that appears on your website, allowing customers to either accept or reject cookies.

 
• Provide access and control: Our app provides customers with the right to access, rectify, and erase their data upon request. Customers can request to view their data or have it deleted entirely from your system. All of this is possible through our app’s Compliance pages that get generated with the initial installation.

 
• Consent Management: The app allows you to manage customer consent and keep track of consent records. This helps you guarantee that you have obtained the necessary consent and that you can provide evidence of this if required.

 
• CNIL regulations: With our app, you can set up your Cookie bar to include the necessary "Reject All" and "Accept All" buttons, as well as additional cookie group information. These settings are crucial for ensuring compliance with CNIL guidelines. For more information on how to comply with the CNIL, read our FAQ on the topic.

Cookie bar with "Reject All" and "Accept All" buttons

Preferences popup with "Reject All" and "Accept All" buttons

Conclusion

Compliance with data privacy laws in France is essential for online store owners. Our Consentmo app can help merchants comply with data privacy laws in France by providing them with a customizable Cookie Bar and Preferences popup, consent management tools, data retention policies, and a GDPR Compliance page generator. By using our app, online store owners can demonstrate their commitment to protecting customer data, maintaining customer trust, and avoiding legal issues related to data privacy.

For any specific questions, don't hesitate to reach out via chat or at our email address.