What is the Council of State?
Posted: Tue Dec 17, 2024 5:32 am
The Council of State, established by Napoleon Bonaparte in 1799 , is the most important administrative jurisdiction. Its function is to advise the Government. It is composed of 300 members, including state councillors, masters of petitions and auditors.
What are the missions of the Council of State in relation to the protection of personal data?
The Council of State adjudicates administrative vp safety email lists disputes relating to the protection of personal data. It may be consulted by the Government to give its opinion on issues relating to the protection of personal data. It issues recommendations in the field of the collection and processing of sensitive data. The Council of State monitors the legality of CNIL decisions. Finally, it resolves conflicts of jurisdiction.
For example, in June 2020, the Council of State rejected Google's appeal against the administrative fine imposed by the CNIL. According to the Council of State, the US company had failed to comply with its information and transparency obligations. It also found that the €50 million fine was not disproportionate.
In June 2020, the Council of State approved most of the CNIL guidelines on cookies and trackers. However, it repealed the provision that generally and absolutely prohibited the practice of the “cookie wall”. This practice consists of blocking access to a website if cookies are rejected.
The courts of justice
What are courts of justice?
The judicial court is the result of the merger of two jurisdictions:
The court of first instance (TI);
The Court of First Instance (TGI).
It is competent for all claims not entrusted to another specialized court.
How can you go to court?
The court may be summoned by:
A writ. This is an act by the commissioner of justice (previously known as a bailiff's act) informing the other party that legal proceedings have been commenced against them. It summons them to court. The act must include mandatory information such as the place, date and time of the hearing, the grounds for the dispute and the manner in which the other party must appear in court;
A petition. This is a formal document that allows you to submit a request to a court of law. You can draft it yourself if you do not require legal representation, or you can use a lawyer.
A joint application , if both parties agree that the dispute should be resolved by the court.
The judge may urge the parties to resort to mediation beforehand.
What are the missions of the courts to protect personal data?
The court adjudicates violations of sensitive data protection. It awards compensation to victims of personal data protection violations. It issues orders to stop these violations. Finally, it has the power to impose sanctions.
As an example, in March 2021, following a data leak noted by the CNIL, the Paris court ordered Internet Service Providers (ISPs) to suspend access to a website containing the health data of 500,000 individuals.
The Collective of Digital Marketing Agents (CPA)
It is a professional organization that brings together 88 members , specialists in digital marketing. Its activities are diverse: affiliation, email acquisition, coupons, generation of qualified leads, display, legal aspects, etc.
What are the missions of the Council of State in relation to the protection of personal data?
The Council of State adjudicates administrative vp safety email lists disputes relating to the protection of personal data. It may be consulted by the Government to give its opinion on issues relating to the protection of personal data. It issues recommendations in the field of the collection and processing of sensitive data. The Council of State monitors the legality of CNIL decisions. Finally, it resolves conflicts of jurisdiction.
For example, in June 2020, the Council of State rejected Google's appeal against the administrative fine imposed by the CNIL. According to the Council of State, the US company had failed to comply with its information and transparency obligations. It also found that the €50 million fine was not disproportionate.
In June 2020, the Council of State approved most of the CNIL guidelines on cookies and trackers. However, it repealed the provision that generally and absolutely prohibited the practice of the “cookie wall”. This practice consists of blocking access to a website if cookies are rejected.
The courts of justice
What are courts of justice?
The judicial court is the result of the merger of two jurisdictions:
The court of first instance (TI);
The Court of First Instance (TGI).
It is competent for all claims not entrusted to another specialized court.
How can you go to court?
The court may be summoned by:
A writ. This is an act by the commissioner of justice (previously known as a bailiff's act) informing the other party that legal proceedings have been commenced against them. It summons them to court. The act must include mandatory information such as the place, date and time of the hearing, the grounds for the dispute and the manner in which the other party must appear in court;
A petition. This is a formal document that allows you to submit a request to a court of law. You can draft it yourself if you do not require legal representation, or you can use a lawyer.
A joint application , if both parties agree that the dispute should be resolved by the court.
The judge may urge the parties to resort to mediation beforehand.
What are the missions of the courts to protect personal data?
The court adjudicates violations of sensitive data protection. It awards compensation to victims of personal data protection violations. It issues orders to stop these violations. Finally, it has the power to impose sanctions.
As an example, in March 2021, following a data leak noted by the CNIL, the Paris court ordered Internet Service Providers (ISPs) to suspend access to a website containing the health data of 500,000 individuals.
The Collective of Digital Marketing Agents (CPA)
It is a professional organization that brings together 88 members , specialists in digital marketing. Its activities are diverse: affiliation, email acquisition, coupons, generation of qualified leads, display, legal aspects, etc.