Subsection 4: Recipients of data

Articles in this section · 4

Article R142-16

French Code governing the entry and residence of foreign nationals and the right of asylumIn force

Updated 7 Nov 2023

The personal data and information recorded in the automated processing system referred to in Article R. 142-11 and in the electronic component provided for in Articles R. 414-5 and R. 431-1, excluding digitised images of fingerprints, may be sent to the following persons, by virtue of their duties and within the limits of the need to know:


1° With regard to the issue of work permits, employees of the Regional Directorates for Business, Competition, Consumer Affairs, Labour and Employment who have been individually designated and specially authorised by the Regional Director;


> With regard to the fight against illegal immigration, employees of the Regional Directorates for Business, Competition, Consumer Affairs, Labour and Employment who have been individually designated and specially authorised by the Regional Director 2° With regard to combating illegal employment, and in particular the prohibition on employing foreign nationals without a work permit as set out in article L. 8251-1 of the Labour Code, and pursuant to article L. 8271-19 of the same code, the labour inspection officers mentioned in article L. 8112-1 of the Labour Code and the equivalent inspection officials referred to in Article L. 8113-7 of that Code, individually designated and specially authorised by the Regional Director of Companies, Competition, Consumer Affairs, Labour and Employment, and pursuant to Article L. 8271-17 of the same code, officers and agents of the judicial police of the national police and gendarmerie, and customs officers, individually designated and specially authorised by the Director General of the national police, the Director General of the national gendarmerie and the Regional Director of Customs or, where applicable, the Director General of Customs and Indirect Rights respectively;



3° With regard to the reception of foreign nationals, integration, assisted return and special contributions and flat-rate contributions to cover the costs of re-routing, the agents of the French Office for Immigration and Integration, individually appointed and specially authorised by their Director General;


> 4° With regard to the processing of applications from foreign nationals, integration, assisted return, special contributions and flat-rate contributions to cover the costs of re-routing, the agents of the French Office for Immigration and Integration, individually appointed and specially authorised by their Director General 4° For the processing of applications for asylum or stateless status and for the protection of refugees, officers of the French Office for the Protection of Refugees and Stateless Persons, individually designated and specially empowered by their Director General;



5° In respect of opinions given in procedures for loss of nationality or naturalisation applications, staff from the Department of Public Liberties and Legal Affairs, individually appointed and specially authorised by their Director;


> In respect of the fight against racism and xenophobia, staff from the French Office for the Protection of Refugees and Stateless Persons, individually appointed and specially authorised by their Director General 6° In the fight against document fraud:


> a) staff from the department responsible for the fight against document fraud a) staff from the "secure issuing of permits" department within the General Secretariat of the Ministry of the Interior, individually designated and specially authorised by the General Secretary;


> b) staff from the prefectures and administrative departments of the Ministry of the Interior, individually designated and specially authorised by the General Secretary of the Ministry of the Interior b) Prefecture and sub-prefecture officials responsible for preventing and combating document fraud, individually designated and specially empowered by the prefect;


> c) Staff from the laboratories of the c) staff from the laboratories of the national forensic science service, the national police force's judicial identity service and the national gendarmerie's criminal research institute, and staff from the document fraud office of the central border police directorate, individually designated and specially empowered by the director general of the national police force and the director general of the national gendarmerie respectively, or by staff in category A or with officer rank over whom these directors general have authority and to whom they have delegated authority;


7° In respect of:


> a) control and verification a) checking and verifying the identity of persons and verifying the validity and authenticity of residence permits, under the conditions laid down in Articles L. 812-1 and L. 813-1 and articles 78-2 and 78-3 of the Code of Criminal Procedure, officers of the national police and national gendarmerie and, on their orders and under their responsibility, the judicial police officers and deputy judicial police officers referred to in article 20 and 1° of article 21 of the Code of Criminal Procedure, specialised agents, technicians or engineers of the technical and forensic police, customs agents under the conditions set out in article 67 quater of the Customs Code as well as tax agents and customs agents authorised to carry out judicial police missions, individually designated and specially empowered, respectively, by the Director General of the National Police, the Director General of the National Gendarmerie, or by personnel belonging to category A or having the rank of officer over whom these directors have authority and to whom they have delegated authority, the Regional Director of Customs or, where applicable, the Director General of Customs and Indirect Taxes and by the magistrate referred to in Article 28-2 of the Code of Criminal Procedure or by the magistrate delegated to carry out judicial missions for the Customs;


b) b) investigations or procedures entrusted by the judicial authority, officers of the national police or gendarmerie and, under their orders and responsibility, officers of the judicial police who have been individually designated and specially authorised by their superior;


c) procedures entrusted by the judicial authority, officers of the national police or gendarmerie and, under their orders and responsibility, officers of the judicial police who have been individually designated and specially authorised by their superior c) procedures entrusted by the judicial authority, on the one hand, for the offences set out in Article 28-1 of the Code of Criminal Procedure, customs officers authorised to carry out judicial police missions, individually designated and specially authorised by the magistrate delegated to carry out customs judicial missions or, where applicable, by the Director General of Customs and Indirect Rights, and, secondly, for offences under Article 28-2 of the same Code, tax officials authorised to carry out judicial police missions, individually designated and specially authorised by the magistrates mentioned in that Article;


d) to combat the facilitation of unauthorised entry and residence, criminal investigation officers from the Office for Combating the Smuggling of Migrants and from the mobile search brigades of the Central Border Police Directorate, as well as criminal investigation officers from the search sections of the National Gendarmerie, individually designated and specially authorised, respectively, by the Central Border Police Director and the Director General of the National Gendarmerie;


8° For the sole purpose of carrying out the checks provided for hereinafter:


a) agents of the bodies responsible for border control a) the agents of the organisations responsible for managing a compulsory social security scheme, responsible for enrolment, payment of benefits or collection of contributions, individually designated and specially authorised by the directors of these organisations respectively, for the sole purpose of verifying that insured foreign nationals satisfy the condition of legality of their situation in France provided for by articles L. 115-6, L. 114-10-2, L. 161-16-1, L. 161-18-1, L. 161-25-1, L. 512-2 and L. 831-1 of the Social Security Code, as well as by article L. 262-4 of the Social Action and Family Code and by 2° of the I of article L. 822-2 of the Construction and Housing Code;


a) agents of Pôle emploi b) Pôle emploi agents, individually designated and specially authorised by their director, for the sole purpose of verifying, pursuant to Article L. 5411-4 of the French Employment Code, the validity of foreign nationals' residence and work permits, both for the purpose of registering them and for maintaining them on the jobseekers' list;


c) agents of the Prefectures of the French Departments of Employment and Social Affairs, and of the Ministry of the Economy, Finance and Industry. c) employees of the relevant prefectures and sub-prefectures, who are individually designated and specially authorised by the prefect and, in Paris, by the police prefect, for the sole purpose of examining applications for the issue or exchange of driving licences;


9° Under the conditions set out in Article L. 222-1 of the Internal Security Code:


a) officers from the police force and the public prosecutor's office a) officers from the national police force and members of the national gendarmerie units responsible for preventing and combating attacks on the fundamental interests of the nation and acts of terrorism, individually designated and specially authorised by the director general to whom they report;


b) officers from the specialised services of the national police force and the national gendarmerie, individually designated and specially authorised by the director general to whom they report b) agents of the specialised intelligence services referred to in Article R. 222-1 of the Internal Security Code, individually designated and specially authorised by the Director to whom they report, for the sole purpose of preventing attacks on the fundamental interests of the nation and acts of terrorism;


For the sole purpose of preventing attacks on the fundamental interests of the nation and acts of terrorism;


For the sole purpose of preventing attacks on the fundamental interests of the nation and acts of terrorism 10° For the sole purpose of compiling statistics for the consultation of anonymised data obtained from automated processing:


> a) employees of the Institut de l'Informatique et des Libertés (IIDL), in particular a) employees of the Institut national d'études démographiques, individually designated by their director;


> b) employees of the Institut national d'études démographiques, individually designated by their director b) employees of the Institut national de la statistique et des études économiques and ministerial statistical departments, in compliance with article 7 bis of amended law no. 51-711 of 7 June 1951 on the obligation, coordination and secrecy of statistics;



11° For the purposes of issuing approvals for individual operators and the directors and managers of legal entities, or issuing licences for employees carrying out private security activities, agents of the Conseil national des activités privées de sécurité, individually designated by its director and specially authorised by the prefect;


For the exclusive purposes of issuing approvals for individual operators and the directors and managers of legal entities, or issuing licences for employees carrying out private security activities, agents of the Conseil national des activités privées de sécurité, individually designated by its director and specially authorised by the prefect 12° Exclusively for the purposes of the assessment provided for in article R. 221-11 of the Code de l'action sociale et des familles (Social Action and Family Code), agents responsible for implementing child protection, individually designated and specially empowered by the President of the Departmental Council;



13° For the sole purpose of obtaining confirmation that the taxes due have been paid and that the formalities provided for in Article R. 431-17 have been completed, the foreign national concerned by this procedure;

14° For the sole purpose of assisting foreign nationals with their online application for a residence permit or travel document, the agents of the Agence nationale des titres sécurisés responsible for this assistance, individually designated and specially authorised by their director general;


15° For the sole purpose of exchanging the documents and information required to examine their application for a residence permit or travel document and to be informed of the decision taken on the latter, and for data concerning them only, foreign nationals who have submitted this application on the teleservice mentioned in Article R. 431-2.

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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