I. Regulations

 

SHOPEXPRESS63 reminds us that it is the responsibility of the user to make a usage in accordance with the laws in force in their country of items purchased from our company.
 
OUR ADS ARE MADE TO PROMOTE THE SYSTEMS in place TO record, LISTEN to, OR LOCATIONS to COMPLY with THE LAW (Article 226 and following of the criminal code), I.E., WITH THE CONSENT OF the PERSONS CONCERNED, IF APPLICABLE, THE LAW Does NOT PROHIBIT The USE OF SUCH DEVICES FOR PERSONAL USE AND private OR CONSENTED.


1. Regulations on video surveillance in the business premises in France :

Obligation to some shops :

- shops of a surface area of over 3000 M2,
- jewellery, with more than 106 700 €h. t of goods in stock, be equipped with a video surveillance system.
 
However, the installation of such a device (video surveillance) in other stores is conditioned to the obtaining of a prior authorisation of the Prefect, after the opinion of a departmental commission.

A folder full administrative and technical part of the video surveillance system must be established and filed with the prefecture of the location of the cameras. The installation of a cctv system must not infringe on the privacy of others.

Customers and users must be clearly warned of the presence of cameras and/or recording device. (Video surveillance system)

In the same way, whether you're using cameras in the home as a private or professional premises, you must also notify any person to have with you a relationship of subordination non-family.

Contact : Directorate general of civil liberties, office of the general regulation, in the prefecture.



2. Regulation on the interfering waves :

I - Are prohibited from entering any of the following activities : the importation, advertising, sale to free of charge or for a valuable consideration, release, installation, possession and use of any device intended to render inoperative devices of the electronic communications of all types, both for the issuance as the reception.

II - By way of derogation from the first subparagraph, these activities are permitted for the purposes of public order, defence and national security, or public service of justice."



3. Video surveillance in the workplace :

The regulation is different depending on the legal nature of the place on which is located the video-surveillance system.

Thus, in the case of public places and open to the public (department stores, banks, street, square...) the law n° 95-73 of 21 January 1995, provides in article 10 the obligation to obtain prior administrative authorisation from the Prefecture within the territorial jurisdiction of which the cameras are installed.

The authorization is issued by the State representative in the department (prefect) after notice of a departmental commission chaired by a magistrate of the judicial order. The return files are to withdraw from the prefecture.

The records must be destroyed in a period of one month. Any interested person may, by contacting the manager of the video surveillance system to obtain access to records which concern him.
The National Commission on Informatics and Freedoms is competent only if the information captured by the cctv system in question feed into a computer file, which is rare.

Regarding places qualified legally to the private sector, especially in workplaces, the following provisions of the labour Code must be adhered to :

Article L 432-2-1
The works council must be informed and consulted prior to the decision of implementation of the cameras in the extent to which they allow for control of the activity of the employees.

Article L 121-8
The employer may not implement such a system for the control of the employee without prior notice. In the contrary case, the employer would be in an irregular situation.

In the case where the system uses computer-based means, a file statement is filed with the CNIL.

The jurisdiction of the CNIL in the area of video surveillance is, therefore, now remaining, even if his thoughts and work have largely inspired the legislator.

Extract of the law n° 95-73 of 21 January 1995 on orientation and programming relating to safety - Article 10
I. - The visual records of video surveillance are not considered as personal information, within the meaning of the law n° 78-17 of 6 January 1978 relating to computers, files and freedoms, if they are used for the establishment of a personal data file.

II. - The transmission and recording of images taken on the public road, by means of video surveillance, can be implemented by the competent public authorities for the purposes of ensuring the protection of public buildings and facilities and their surroundings, the backup facilities that are useful to national defence, road traffic regulation, the finding of infringements of rules of traffic or the prevention of harm to the safety of people and property in places particularly exposed to risks of aggression or of volume It can be also carried out such operations in places and establishments open to the public to be particularly exposed to risks of aggression or theft, for the purpose of ensuring the safety of persons and property. The operations of video surveillance of the public road are carried out in such a way that they don't view the images of the interior of residential buildings or, specifically, those of their entries. The public is informed in a clear and permanent for the existence of the cctv system and the authority or of the responsible person.

III. - The installation of a video surveillance system in the framework of this article is subject to an authorization of the representative of the State in the département and, in Paris, the prefect of the police, given, except in matters of national defence, after seeking the advice of a departmental commission chaired by a judge or an honorary magistrate. The local authorization prescribed all useful precautions, in particular as to the quality of the persons responsible for the operation of the cctv system or viewing the images and to the measures to be taken to ensure compliance of the provisions of the act. Devices cctv existing at the date of entry into force of this article shall be the subject of a declaration equivalent to a request for authorization and be placed in accordance with this article within a period of six months.

IV. - Except in the case of an investigation for flagrante delicto, a preliminary investigation or a judicial investigation, the records are destroyed within a maximum period fixed by the authorization. This period may not exceed one month.

V. - Any interested person can contact the person in charge of a cctv system in order to obtain access to records which may concern or to verify the destruction within the time limit. This access is of right. A refusal of access may, however, be opposite for a reason relating to State security, defence, public security, the conduct of proceedings before the courts or of operations preliminary to such proceedings, or the right of third parties. Any interested person may apply to the departmental commission referred to in III of any difficulty relating to the operation of a video surveillance system. The provisions of the preceding paragraph do not preclude the right of the interested person to apply to the competent court, as required in the form of summary proceedings.
VI. - The making of the video-surveillance recordings without permission, not to destroy them in the allotted time, to tamper, to interfere with the action of the departmental commission, to make access of unauthorised persons to the images or use these images for purposes other than those for which they are authorized, is punished by three years imprisonment and 45,000 euros of fine, without prejudice to the provisions of article 226-1 of the criminal code and L. 120-2, L. 121-8 and L.

432-2-1 of the labour code.
VII. - A decree in Council of State sets the conditions of application of this article.



4. Regulation of the penal Code (article R226)

Article 226-1 privacy
Is punished one year of imprisonment and 45 000 € of fine the fact, in the middle of any process, or intentionally infringe the privacy of the privacy of others :

1° By capturing, recording or transmitting, without the consent of their author, words uttered in private, or confidential ;
2° By fixing, recording or transmitting, without the consent of the latter, the image of a person in a private place.
 
When the acts referred to in this section have been made with the knowledge of the interested parties, without that they were opposed to it, while they were able to do so, the consent is presumed.

Article 226-2
Is punished the same penalties the fact that to retain, carry or allow to bring to the attention of the public or a third party or use in any manner whatsoever any recording or document obtained with the help of one of the acts provided for by article 226-1.

When the offence provided for in the preceding paragraph is committed by means of the written press or audiovisual, the specific provisions of the laws that govern such matters are applicable in relation to the determination of the persons responsible.

Article 226-3
Shall be punishable with the same penalties for the manufacture, import, possession, display, offering, rental or sale, in the absence of ministerial authority which the conditions of entitlement are laid down by decree in Council of State, of devices designed to carry out operations which may constitute the offence under the second paragraph of article 226-15, or who, designed for the remote detection of conversations, allow the offence under article 226-1 and appearing on a list drawn up in the conditions fixed by this same decree.

Is also punished the same penalties to make an advertising for a device that could enable the achievement of the offences provided for by article 226-1 and the second paragraph of article 226-15 when the advertising constitutes an incitement to commit that offence.

Article 226-4
The introduction or the maintenance in the home of another with the help of manoeuvres, threats, physical assault or coercion, except in cases where the law permits, is punished one year of imprisonment and 15,000 euros fine.

Article 226-5
The attempt of the offences provided for by this section shall be punishable with the same penalties.

Article 226-6
In the cases provided for under articles 226-1 and 226-2, the public action may be instituted only on the complaint of the victim, his legal representative or his assigns.

Article 226-7
The legal persons may be declared criminally responsible, under the conditions provided by article 121-2, for the offences defined in this section. The penalties incurred by legal persons are:

1° The fine according to the modalities provided by article 131-38 ;
2° The prohibition, permanently or for a period of five years, directly or indirectly engage in the profession or social in the exercise or on the occasion of the exercise of which the offence was committed ;
3° The display or dissemination of the decision pronounced, in the conditions provided for by article 131-35.
 
 
II. TAXES

 
1. Private copy levy
 
All of the products present on the site that are subject to this tax is systematically associated with three different prices : the price of the product, the amount of the tax on the private Copy and the total price.
 
The remuneration for private copying has been introduced to offset the losses caused by private copying of phonograms (" the products resulting from the fixation, on any medium, of sounds created and composed by an author "), and performances recorded and broadcast by radios and televisions. The law has thus established a royalty to be levied on manufacturers and importers of recording media blank (sound and audiovisual).
In consideration for the right to copy, a portion of the purchase price of all the consumables of digital and multimedia devices (including external hard drives, CD/DVD-R and RW blank, the flash memory, and devices exploiting this type of media, such as USB key drives) is levied. This tax comes in the form of a fee for the remuneration of rights-holders (authors, composers, artists, etc...). This fee is then passed - through the intermediary of the specialized agencies and chartered - half to the authors, for one quarter to the performers and a quarter to the production companies.

To view the explanatory note to the private Copy, click here.