CASE COMMENTS: REGULATIONS – FRANCE – PERSONNAL DATA – EXPLICIT CONSENT – BANKING DATA – E-COMMERCE PLATFORMS

Personal data: The French Administrative Supreme Court upholds the decision of the French National Commission on Informatics and Liberty to impose the explicit consent of the non-member customers of online sale websites for the conservation of their credit card numbers to facilitate future purchases (Cdiscount)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Article 6 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ["DPMR"] provides that processing is in principle lawful only if the data subject has consented to the processing of his personal data for one or more specific purposes. The legal framework The same article, however, provides for exceptions which, by their nature, are strict interpretations. Thus, the explicit consent of the data subject is not required where "(b) processing is necessary for the performance of a contract to which the data

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Emmanuel Guillaume, Michaël Perche, Personal data: The French Administrative Supreme Court upholds the decision of the French National Commission on Informatics and Liberty to impose the explicit consent of the non-member customers of online sale websites for the conservation of their credit card numbers to facilitate future purchases (Cdiscount), 10 December 2020, Concurrences N° 1-2021, Art. N° 99262, pp. 191-192

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