Chapter I: Automated processing of personal data known as "digital criminal records

Articles in this section · 8

Article R249-11

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

The following categories of personal data may be recorded:

1° Concerning witnesses, victims, accused persons, persons under investigation or placed under the status of assisted witness, persons prosecuted, convicted persons as well as those under investigation for the investigation of the causes of death or injury provided for by Article 74 or an investigation into a worrying disappearance referred to in Article 74-1:

a) Data relating to identity and contact details, in particular: title, surname at birth, given name, alias, sex, dates of birth and death, commune of birth, code and name of country of birth, nationality, telephone number, e-mail address, postal address, parentage, family situation, professional situation, school and university career;

b) Data relating to administrative status, in particular: authorisation, papers, residence or work permits, etc: authorisation, documents, residence permits or travel documents for foreign nationals, identity card, passport, driving licence, prior administrative authorisation;

c) Data relating to assets, in particular : account numbers, accounting documents, movable and immovable property;

d) Data relating to activities, in particular: movements, frequenting, contacts;

e) Data relating to objects, vehicles and means of communication, in particular vehicle identification number, number plate, data relating to equipment identifiers, geolocation data;

f) Biometric data enabling the person to be identified, in particular: fingerprints, genetic fingerprint;

g) Social security number;

h) Data relating to offences, convictions or security measures:

-data relating to legal proceedings: prosecution number, registration number issued by the investigating services, unique justice identifier;

-criminal status of individuals during the proceedings: criminal record and previous convictions of the perpetrator;

-criminal status of an individual at a given point in the proceedings: prison number, expected release date, incidents in detention;

-method of appearance before the court, nature of the judgment;

amount claimed for damages or provision;

-offences to which the proceedings relate: terms of participation in the offence, unit of blood alcohol level, repeat offence, nature of offence code NATINF and its wording, INSEE code of the commune, place where the offence was committed, start date of the offence, end date of the offence;

-sentence handed down, wording of the sentence and measure, reasons, obligations.

The processing may contain photographs. It does not include a facial recognition device based on them.

The processing may record personal data of the kind referred to in article 6 of amended law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, insofar as such data is strictly necessary for the purposes defined in article R. 249-9.

2° Concerning lawyers:

a) Data relating to identity: birth name, customary name, first names;

b) Data relating to professional practice, in particular the membership number of the Caisse nationale des barreaux français and a copy of the professional card;

c) Data relating to means of communication, in particular: toque number, postal and e-mail address, telephone and fax number;

3° Concerning experts and qualified persons:

a) Data relating to identity, in particular : birth name, customary name, forenames;

b) Data relating to professional practice, in particular title, grade and post;

c) Data relating to means of communication, in particular postal and electronic addresses, telephone and fax numbers;

4° Concerning staff from the Ministry of Justice:

a) Surname at birth or used name and forename;

b) Body and/or grade, position and nominative e-mail address;

c) Staff member's administrative position code, staff member's department mnemonic and department title;

5° Concerning members of investigation departments:

a) Surname at birth or used name and forenames;

b) Body and/or grade, function and nominative e-mail address;

c) Administrative position code of the member of staff, mnemonic of the member of staff's department and wording of the department.

In addition to all of this data, free comments from the magistrate handling the case may also be recorded in the processing system, which can only be accessed and viewed by the magistrate. Only data and information that are strictly necessary, appropriate and not excessive in relation to the purposes pursued may be recorded in the free comments.

Mariela Petrova

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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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