Subsection 3: Processing of personal data

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Article R7343-3

French Labour CodeIn force

Updated 1 Nov 2023

I.-In order to prepare and enable the electronic voting provided for in Article L. 7343-9, automated processing of personal data is created under the responsibility of the Employment Platforms Labour Relations Authority.

The categories of personal data processed are as follows:

1° For the purpose of drawing up the electoral roll: data relating to the identity of workers and their professional activity as referred to in Article L. 7343-1 ;

2° For the processing of candidacies: data relating to the identity of the proxy holder;

3° For the communication to voters of information enabling them to vote: data relating to their identity;

4° For electoral operations: data necessary for the implementation of the authentication protocol provided for in the second paragraph of article R. 7343-44 and data relating to the identity of members of the polling station and agents in charge of the vote.

In the voting system, this automated processing guarantees the separation, in separate files, of data relating to voters, on the one hand, and votes, on the other.

II-The processing mentioned in I above is based on information provided by all the platforms mentioned in Article L. 7343-1, by the representatives of the candidate organisations and by the Employment Platforms Labour Relations Authority.

III - The recipients of the personal data processed are, for all the information collected, the agents of the Employment Platforms Social Relations Authority, the persons authorised by the service provider(s) responsible for drawing up the electoral roll acting on behalf of the Employment Platforms Social Relations Authority and the persons authorised by the service provider acting on behalf of the same authority with a view to setting up remote electronic voting.

IV - An order of the Minister for Employment specifies the characteristics of the automated processing provided for in I.

In particular, it sets out:

1° The list of personal data recorded in the processing;

2° The guarantees surrounding the use of a technical service provider responsible, in compliance with the security obligations set out in this chapter, for project management of the automated processing and the terms and conditions of its involvement;

3° The terms and conditions of the independent expert report provided for in article R. 7343-4;

4° The procedures for identifying voters and the procedures for recovering the voter's identifier and password.

Mariela Petrova

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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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