French Gov't Publishes Legislation on Cookies and Data Breach Notification
PRIVACY LAW—FRANCEAugust 26, 2011
Today, the French government published legislation on cookies and data breach notification in accordance with Directive 2009/136/EC. Bird & Bird Associate Gabriel Voisin tells the Daily Dashboard that "Pursuant to Article 17 of Law no 2011-302 of 22 March 2011, implementation of the Directive 2009/136/EC has been delegated by French Parliament to the government." The legislation "introduces a requirement for consent to be obtained before cookies are placed" and that browser settings or another application can be used to signify consent. "Unlike the UK," Voisin says, "consent given through browser settings is valid even if the subscriber does not amend or set the controls." The legislation also introduces a data breach notification requirement for electronic communication providers.