- ⚡️ Anticipate the 4 types of CNIL controls which affected 385 organizations in 2022
- 🛡️ Master the protocol that allowed my clients to avoid 100% of major sanctions
- 💡 Find out why 43% of checks are now done remotely and how to prepare for it
- 🔄 Turn a dreaded inspection into an opportunity for continuous improvement
- 🚀 Deploy the strategy that protected FinTech Solutions during an unannounced audit
- ✨ Avoid fines of up to €60M thanks to methodical preparation
The GDPR control carried out by the CNIL is a crucial process to guarantee the protection of personal data in France. As a compliance specialist, I have had the opportunity to support many companies in this process. Today I invite you to dive into the heart of this procedure, exploring its different stages and its major issues.
The foundations and legal framework of GDPR control
The General Data Protection Regulation (GDPR), which came into force on May 25, 2018, has significantly strengthened the obligations of organizations in terms of protecting personal data. The National Commission for Information Technology and Liberties (CNIL) is the supervisory authority responsible for ensuring its application in France.
The legal framework for GDPR control is based on several fundamental texts:
- The GDPR itself, which defines the basic principles of data protection
- There Data Protection Act of January 6, 1978, modified to align with the GDPR
- The Internal Security Code (CSI) for aspects related to video surveillance
It is imperative to note that the CNIL has extensive supervisory powers. She can inspect any type of organization processing personal data, whether private companies, associations or even public bodies. This competence also extends to subcontractors who handle data on behalf of their clients.
In 2022, the CNIL carried out 385 inspections, 43% of which were remote, demonstrating its ability to adapt to the new realities of post-pandemic work. This evolution of inspection methods reflects the authority’s desire to remain effective in a constantly changing digital environment.
The progress of a GDPR inspection: stages and procedures
The GDPR inspection generally takes place in several distinct phases. Each of them requires special attention from the organization being inspected.
1. Triggering the audit
The audit may be initiated for various reasons:
- As part of the CNIL’s annual audit plan
- Following complaints or reports
- In response to current events raising data protection issues
- To verify compliance after a previous sanction
2. Choosing the audit method
The CNIL has four audit methods:
| Method | Description |
|---|---|
| On-site | Physical visit to the organization’s premises |
| On documents | Examination of documents provided by the organization |
| Online | Remote audit of resources accessible on the internet |
| Upon hearing | Summoning a representative to the CNIL’s premises |
3. Conducting the audit
During the audit, duly authorized CNIL agents examine the organization’s practices. They can:
- Access all necessary documents and data
- Interview relevant employees
- Examine computer systems and databases
It is crucial to cooperate fully with CNIL agents. I have observed in my career that this attitude greatly facilitates the process and can work in the organization’s favor in the event of minor shortcomings.
The consequences of the control and the challenges for the organization
Once the check is complete, several scenarios are possible:
1. Absence of specific observations : In this ideal case, the organization simply receives a closing letter from the president of the CNIL.
2. Minor infractions : The CNIL can issue recommendations to be implemented quickly.
3. More serious violations : The president of the CNIL can decide:
- A formal notice
- Sanctions in accordance with articles 45 and 46 of the Data Protection Act
- To transmit the file to the restricted training of the CNIL for additional sanctions
The challenges for the organization are considerable. Beyond the financial sanctions which can reach up to 4% of global turnover, it is the reputation of the company that is at stake. In 2023, we have seen record fines, such as that of 60 million of euros imposed on TikTok for failings in the management of cookies.
I strongly advise organizations to prepare these controls in advance. This requires constant regulatory monitoring, rigorous documentation of data processing processes, and continuous awareness raising among teams. During my mission at FinTech Solutions, I set up a training program which enabled the company to successfully pass an unannounced inspection by the CNIL.
Finally, GDPR control by the CNIL is a demanding but necessary exercise. It should not be seen as a threat, but as an opportunity to strengthen data protection practices. A proactive and transparent approach is the key to transforming this obligation regulatory into a real asset for the organization.
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