Translated version of deliberation 2005-112 issued by the Cnil (Art. 7)
Deliberation 2005-112 of 7 June 2005 creating a simplified norm regarding the automated processing of the personal data related to the management of client and prospect files and repealing simplified norms 11,17 and 25
The persons concerned shall know, when their data are being collected:
- the identity of the controller,
- the intended purposes,
- whether or not it is compulsory to reply and the potential consequences for them if they do not reply,
- the recipient of the data,
- and their right of access, rectification and opposition, for legitimate reasons, to the data processing unless the processing is necessary for compliance with a legal obligation.
When data are used for canvassing purposes, in particular commercial ones, the persons concerned shall know that they can deny them without any justification and cost.
Sending commercial canvassing messages by electronic way needs the consent of the persons concerned, unless a customer-company relationship has been already established and for canvassing between professionals. In these cases, the persons shall be able to deny commercial purposes from their data in a simple and a non-ambiguous way when their data are being collected.
When data are being collected through a form, a simple means such as a click box shall be included to get the prior consent or to express opposition.