Privacy Advisor

FRANCE—First Feedback from the CNIL on Albrecht’s Report

March 1, 2013


By Pascale Gelly, CIPP/E

The French Data Protection Authority (CNIL) expressed positive views on Rapporteur Jan Philipp Albrecht’s pre-report, in particular in the changes brought with regard to the position of data protection authorities (DPAs). It welcomes the fact that jurisdiction of DPAs will also be based on the country of residence of data subjects and that data controllers having activities in several member states may have a unique DPA as a contact point, which will coordinate with the other competent DPAs. The strengthening of the role of the European data protection board should ensure a better harmonisation of rules across the EU through its role in the consistency mechanism, in the production of guidelines and review of codes of conduct.

The CNIL’s earlier concerns about nonbinding data transfer instruments would also be taken away if the rapporteur’s draft is followed.

The CNIL position can be found here.

Pascale Gelly, CIPP/E, of the French law firm Cabinet Gelly, can be reached at pg@pascalegelly.com.