Criminal Liability for Compliance Officers: the French Perspective
Criminal Liability for Compliance Officers: the French Perspective
Guillemin Flichy, acteur incontournable du secteur non lucratif
L’accompagnement juridique des organismes à but non lucratif est l’une des expertises historiques de Guillemin Flichy, qui conseille et défend plusieurs acteurs de premier plan de l'économie sociale et solidaire.À l'heure où la recherche de sens et le développement de l'entreprenariat social n'ont jamais été aussi forts, Guillemin Flichy renforce son équipe de manière significative : Mathilde Delaunay, 34 ans, rejoint le...
PERSONAL DATA / COOKIES
The law firm Guillemin Flichy, “Association d’Avocats à Responsabilité Professionnelle Individuelle”, registered under the following number “SIREN” 529 953 879, and located at 6 bis, rue de Montevideo, 75116 - Paris, gives the utmost consideration to the data protection of its clients, prospects, partners, candidates, the web users of its website www.guilleminflichy.com (hereinafter the « Website »), or any third party who would get in touch with the law firm Guillemin Flichy (hereinafter collectively the “Interlocutors”).
Scope of the Policy
This data protection policy (hereinafter the « Policy ») shall apply to every processing activities carried out by the law firm Guillemin Flichy such as the collection, recording, organisation, storage, adaptation, consultation, use, dissemination or otherwise making available, restriction, erasure or destruction of the data which allow to identify, directly or indirectly, any of its Interlocutors.
Before any communication of personal data to the law firm Guillemin Flichy, each Interlocutor shall read carefully the herein Policy, to take good note of his rights related thereto and how he may exercise them.
Should an Interlocutor disagree with these provisions, he shall inform thereof the law firm Guillemin Flichy as soon as possible in accordance with the terms explained herein and, if applicable, immediately stop using the Website.
Each Interlocutor also guarantees to have the sufficient legal capacity to accept this Policy in accordance with the Regulation (EU) n°2016/679 of 27 April 2016 and the French law n°78-17 of 6 January 1978 “Informatique et Libertés” as amended. If not, he mustn’t communicate any personal data to the law firm Guillemin Flichy on his own initiative and, if applicable, he is invited to stop using immediately the Website, in accordance to its terms and conditions of use.
Amendments of the Policy
The law firm Guillemin Flichy reserves the right to update the Policy at any moment, more particularly in view of any technological, commercial or legislative evolution, being precised that its last update is mentioned at the bottom of the document.
In consequence, its Interlocutors are invited to refer to the Policy on a regular basis. Yet, any substantial modification brought thereto will expressly be notified to the Interlocutors by an informative banner displayed in the footer of the Website page and/or by email.
Processed personal data
When contacting or interacting with the law firm Guillemin Flichy (including any of its members) and/or using the Website, including any sending of the application form made available on the Website, the Interlocutors may have to communicate to the law firm Guillemin Flichy the following kinds of personal data:
- names ;
- surnames ;
- gender ;
- date and place of birth ;
- marital status ;
- email adresses ;
- mailing adresses ;
- phone numbers ;
- resume ;
- academic and professional backgrounds ;
- signature ;
- photographs ;
- data related to any exchange between the law firm Guillemin Flichy and its Interlocutor; and,
- any other data that the Interlocutor would deem necessary to provide to the law firm Guillemin Flichy.
Purposes of the processing
The law firm Guillemin Flichy only collects and processes the personal data for the following purposes which necessarily depend on the type of Interlocutor at stake.
Thus, firstly, the processing of personal data may be necessary for the law firm Guillemin Flichy in order to provide its services in accordance with the mandate entrusted to it or to implement pre-contractual measures within the scope of:
- the processing of prospect’s requests regarding the services that might be provided by the law firm Guillemin Flichy;
- the execution of any service contract concluded between an Interlocutor and the law firm Guillemin Flichy, as well as any previous pre-contractual exchange;
- the processing of an application by the law firm Guillemin Flichy, whether spontaneous or following a job advertisement under the “Carreer” tab on the Website; or,
- more broadly, any request for information from one of the Interlocutors of the law firm Guillemin Flichy.
Secondly, the law firm Guillemin Flichy may have to process and store personal data to comply with its legal and regulatory obligations, within the scope of:
- the conservation period of legal documents and the time-limit for professional liability;
- the time-limit for the retention of invoices and accounting data; or,
- any anti-money laundering measures.
Finally, the law firm Guillemin Flichy is sometimes bound to process personal data in order to improve the information and services it provides to its Interlocutors, including its clients, particularly within the scope of:
- the sending of legal newsletters or other commercial documents and greetings cards to its clients;
- the measurement of its Website’s audience;
- the analysis of the profiles and behaviours of web users on the Website;
- the adaptation of the Website to the needs and habits of web users;
- the analysis of any incident that might occur on the Website and its consequences for web users; or,
- the exercise and defence of its rights and legitimate interests, as well as those of third parties, including its Interlocutors.
However, if the law firm Guillemin Flichy was willing to process personal data for another purpose than those they were collected for, as laid down in the previous paragraph, it would inform the concerned Interlocutor beforehand.
Direct marketing purposes
As indicated within the previous paragraph, the law firm Guillemin Flichy may have to process personal data in order to improve the information and the services provided to its clients, prospects, candidates and/or to send them legal newsletters or other commercial documents and greetings cards.
More specifically, the law firm Guillemin Flichy commits, in such circumstances, to explicitly bring to the attention of the data subject his right to object, in a clear manner and separated from any other information.
Categories of recipients of the processed personal data
The personal data are processed by the law firm Guillemin Flichy in a strictly confidential manner and will only be made available to its employees and/or any of its lawyers, whether partners or associates, as long as this access is strictly necessary and proportionate to the purposes pursued.
As a personal data processor, the law firm Guillemin Flichy is also likely to delegate the processing of these data to external service providers who will insure an adequate level of data protection and security, among which are IT service providers, accountants, technical providers, notably in charge of hosting the Website or placing and managing cookies, but also other lawyers, judicial officers, for the sole purposes of managing, monitoring, processing and archiving their files. It commits to inform its Interlocutors of any disclosure of its data to other categories of recipients than those referred to herein.
Finally, the law firm Guillemin Flichy may disclose the collected personal data to any legal, financial or public authorities upon request and within the limits laid down by applicable laws and regulations.
As the case may be, the personal data collected and processed by the law firm Guillemin Flichy are only transferred to third countries:
- on the basis of an adequacy decision of the European Commission; or,
- if such transfer provides appropriate safeguards (approved standard data protection clauses, binding corporate rules); or,
- in any situation where the law firm Guillemin Flichy can benefit from derogations in compliance with the Regulation (EU) n°2016/679 of 27 April 2016.
Storage conditions of personal data
The personal data are processed and stored by the law firm Guillemin Flichy in adequate security conditions and for no longer than is necessary for the purposes for which the personal data are processed but, at least, for the mandatory storage period laid down by applicable laws and regulations.
For example, the law firm Guillemin Flichy is particularly bound to store most of the information concerning its clients’ files for a five-year (5) period running from the end of its mission.
Rights of the Interlocutors of the law firm Guillemin Flichy
The Interlocutors of the law firm Guillemin Flichy have the following rights:
- Right of access: every Interlocutor can obtain any information relative to his personal data as well as a copy of them;
- Right to rectification: every Interlocutor can have any incomplete, obsolete or inaccurate personal data modified;
- Right to erasure: every Interlocutor can ask the erasure of any personal data within the limits of legal and regulatory obligations;
- Right to restriction of processing: every Interlocutor can obtain restriction of processing personal data concerning him;
- Right to object: every Interlocutor has, in principle, the right to object to the processing of his personal data on grounds relating to his particular situation;
- Right to data portability: every Interlocutor has the right to receive his personal data in a structured, commonly used and machine-readable format, and to transmit those data to another processor, without hindrance from the law firm Guillemin Flichy;
- Right to define guidelines relating to the processing of his personal data after his death (retention, erasure and communication).
Each Interlocutor can exercise all rights before the law firm Guillemin Flichy by writing:
- to the following mail address: 6 bis, rue de Montevideo -75116 Paris, France; or,
- to the following email address: email@example.com
Each Interlocutor can also lodge a complaint with a supervisory authority like the CNIL (Commission Nationale de l’Informatique et des Libertés) in France.
For further information concerning the processing of his personal data, every Interlocutor can contact Alexis Guillemin, Partner and Data Protection Officer appointed by the law firm Guillemin Flichy, by email to firstname.lastname@example.org.
Duties of the Interlocutors
Each Interlocutor shall be informed that the Website is likely to contain personal data about the members of the law firm Guillemin Flichy, whatever their status, such as names, surnames, photographs, email addresses, etc.
Their reproduction on the Website does not authorize the Interlocutors to collect these personal data, in particular their email addresses, for purposes other than contacting the members of the law firm Guillemin Flichy in the course of the normal and intended performance of their professional activity.
All Policy‘s provisions, including the legal commitments of the law firm Guillemin Flichy, shall apply to the process of personal data carried out through cookies on the Website.
Cookies are text files stored on the browser of any web user while surfing on the website. They stock information and send them back to the website every time the web user browses it.
In this regard, the law firm Guillemin Flichy uses the services of Googles Analytics, from the Google Inc. company, which terms and conditions of use relating to confidentiality and protection of personal data are available under the following links: https://www.google.com/analytics/learn/privacy.html?hl=en-GB
Therefore, when a web user visits the Website and when he gives his consent according to the terms and conditions hereinafter stated, Google Analytics puts on his browser, whatever the support used (computer, tablet, cellphone, etc.), audience measurement cookies, which collect anonymous personal data relating to the profiles and habits of Internet users (socio-professional category, age range, geographical origins, interests) on the Website.
The so-said personal data are then stored for statistics purposes in order to measure the audience of the Website, analyze profiles and behaviors of the users of the Website, and then adapt it to their needs and habits, particularly by putting forward some contents, understanding any incident that might occur on the Website and its consequences for the web users, and improve the services offered by the Website accordingly.
Apart from the company Google Inc. in charge of the collection and processing of the data in a strictly confidential manner, the law firm Guillemin Flichy is the only one to have access to the data collected through Google Analytics.
Before using the Website, any user is always warned that cookies are used thereon, and that, if he wishes to keep using the Website, he must choose between:
Then, the web user is free to continue browsing the Website. In such circumstances, to continue to browse the Website (by clicking on another page or a tab, on the sign “X”, or any other content of the webpage) shall constitute acceptance to the storage of cookies on his browser; or,
- rejecting the storage of cookies, by using the incognito mode or by configuring his browser in order to block cookies, whether systematically or not, or to delete them in a permanent way.
In any event, the web user is able to delete, at all times, all cookies stored on his browser via its settings, and notably the downloading of a special web browser plugin aiming at disactivating Google Analytics, and available under the following link: https://tools.google.com/dlpage/gaoptout/?hl=en