Subsection 1: General provisions

Articles in this section · 14

R6113-1R6113-2R6113-4R6113-5R6113-5-1R6113-5-2R6113-6R6113-7R6113-8R6113-9R6113-9-1R6113-9-2R6113-10R6113-11

Article R6113-5-2

French Public Health CodeIn force
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Updated 1 Nov 2023

I.- External service providers who assist the doctor responsible for medical information in the performance of his duties under article R. 6113-4 may only access, under the latter's responsibility and control, the personal data mentioned in article R. 6113-1 that is strictly necessary for the performance of their own duties.

II.-The contract signed with the director of the establishment under the conditions provided for in Article 28 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 shall also include the list of services concerned, the timeframe and the places where they are to be carried out, as well as the list and status of the staff authorised to process personal data.

The contract shall be sent to the doctor responsible for medical information prior to any access to the data. This doctor may ask the external service provider for any useful information regarding the conditions under which the processing activities concerned are carried out.

III.-The director of the establishment shall individually and specifically authorise the staff of the external service provider authorised to access the data referred to in I.

The doctor responsible for medical information shall ensure that the data to which the staff actually have access does not exceed that which is strictly necessary for the performance of their duties.

IV.-The staff of the external service provider have access to the data mentioned in I within the health care organisation's information system.

When the characteristics of the service do not allow it to be carried out within the health care organisation's information system, the data required for this service may, under secure conditions, be extracted from it and made available to the external service provider.

V.-At the end of the data processing activities provided for in the contract referred to in II, the director of the institution shall terminate the access authorisation of the external service provider's staff.

The same shall apply at any time if such staff fail to comply with the provisions of this article.

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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