Data and client relationship
- Ordinance of the 4 October 2017 about the digitalization of the contractual relationships in the financial sector
On the basis of the Law for a digital republic of 7 October 2016, the government has voted an Ordinance to establish a level playing field between paper-based and digital-based communication with the consumer in the financial sector. The cornerstone of this Ordinance provides that the digital support can now be chosen by default, unless the consumer expressly goes against (opt-out principle). To accompany these changes, the Ordinance relies heavily on the trust services defined by the European eIDAS regulation such as the electronic registered delivery or the electronic signature. In the end, this Ordinance should be an important factor of efficiency for the financial sector entities, as well as saving of time and fluidity for the consumers who prefer more and more the channels of digital communication (internet, mobile application, emails etc.). You will find here the detailed provisions of the Ordinance of 4 October 2017.
- Data Protection :
- We invite you to contact the French Authority in charge of data protection “Commission Nationale de l’Informatique et des Libertés” (CNIL). There is a special webpage dedicated to the banking and insurance sectors. You will find also a memorandum about the legal consequences of the French law for a Digital Republic about the data protection framework as well as the official texts applicable in France including the European General Data Protection Regulation of 27 April 2016 (GPDR);
- The compliance pack for the insurance sector is already available, while the compliance pack for the banking sector is still being discussed.
- Use of social media:
The ACPR supervisory board has voted on November, 14th 2016 the recommendation 2016-R-01 about the use of social media for marketing purposes, which will enter into forcefon October, 1st 2017. You will find the press release here.
- Innovative uses of consumer data:
In the frame of the working group on innovative products, the European Banking Authority (EBA) has disclosed a discussion paper about the risks and benefits generated by the innovative uses of consumer data by financial institutions. This discussion gave rise to a public consultation, which ended in August 2016.
- Public consultation on Big Data
The Joint Committee of the European Supervisory Authorities (ESAs) has launched a public consultation about the potential benefits and risks of Big Data for consumers and financial firms to determine whether any further regulatory or supervisory actions may be needed. The consultation was open until March 17th, 2017.
Mis à jour le : 07/06/2018 15:11