Subsection 4: Admissibility of lists of candidates and individual applications

Articles in this section · 5

Article D1441-24-3

French Labour CodeIn force

Updated 5 Nov 2023

I. - The personal data mentioned in articles D. 1441-22-2, D. 1441-22-3 and D. 1441-22-4 are kept as follows:

1° Until the end of the term of office :

a) For the representative of the trade union or professional organisation as far as he is concerned: when the mandate given to him by the organisation ends before this date, his data is deleted on the date of the end of the mandate given by the organisation;

b) For the representative insofar as he or she is concerned; where the mandate entrusted to the representative by the organisation ends before that date, his or her data will be deleted on the date on which the mandate entrusted to him or her by the organisation ends;

c) For a candidate appointed as an employee representative, for the data mentioned in 1°, 2°, 9° and 13° of I of Article D. 1441-22-4 ;

2° Until all avenues of appeal have been exhausted:

a) In the case of a candidate who is not appointed as an employee representative ;

b) For a candidate appointed as an industrial tribunal in respect of data not mentioned in 1° of this article;

c) For the principal of the collaborating spouse as far as he/she is concerned.

II. - The personal data mentioned in article D. 1441-24-1 relating to the user of the automated processing is kept until the end of the authorisation granted to them for the appointment of labour tribunal members.

III. - Data relating to the traceability of accesses and consultations, creations and modifications of data in the processing are kept in the processing under the same conditions as in I of this article.

IV. - The rights of access and rectification provided for by Articles 39 and 40 of Law No. 78-17 of 6 January 1978 relating to information technology, files and civil liberties may be exercised by contacting the Department of Judicial Services.

V. - The right to object provided for in article 38 of the law mentioned in IV does not apply to this processing.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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