🌐suivre Marie-Anne Frison-Roche sur LinkedIn

🌐s'abonner à la Newsletter MAFR Regulation, Compliance, Law

🌐s'abonner à la Newsletter en vidéo MAFR Surplomb/Overhang

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► Full Reference: M.-A. Frison-Roche, "Compliance" et "conformité" : les distinguer/mieux les articuler afin que le DPO trouve sa juste place" ("Compliance Law" and "conformity" : distinguish between them/better articulate them so that the DPO finds their rightful place"), , in  Association française des correspondants à la protection des données à caractère personnel (AFCDP),  19ème Université AFCDP des DPO - La gouvernance des données ("Data Governance"), Maison de la Chimie, Paris, 7 February 2025 , 10h-10h45.

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🧮 see this manifestation full program (in French)

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⬜ see les slides on which this conference is done (in French) 

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► English Presentation of this conference: 'Compliance' and 'conformité' are often considered to be synonymous, notably in French in which the term "Compliance" is so often used to express only the "conformity" (conformité). This is a misunderstanding and a reduction, particularly of the role of professionals, notably DPOs. In fact, 'conformity' consists solely of ensuring that regulations are respected. Of course, an"active" conformity and "proven" conformity with these regulations, in particular the European GDPR. That and only that.

If that's the case, then on the one hand this task impossible, because no one can comply with all the regulations, and it's the obsession with avoiding or reducing penalties that actually replaces the desire to do the right thing. On the other hand, algorithms are going to replace the DPO, a human being, because algorithms will identify 'non-conformity', then conformity, then write it down by "smart" contracts.

But Compliance Law is more than conformity, which is only one of its tools. Compliance Law aim is to protect the human beings involved in the systems. Data protection is one of the best examples of this, and it underpins all the other areas of Compliance Law. Companies are asked to do less (obligation of means) and more: to help protect, by distinguishing between what must be revealed and what must be kept secret, sometimes to resolve conflicts between the 2 prescriptions, to educate, to make alliances.

To built a real "governance". In this human and humanist mission that anchors Europe, the algorithm is flat. We are waiting for the DPO. In this human and humanist mission that anchors Europe, the algorithm is flat. We are waiting for the DPO. There is the role of guardian of the spirit of the texts, of strategic aid for the data controller, of adjuster of complementary or contradictory subjective rights, of adjustment of the texts in the European puzzle of a Regulatory Europe, which is being put in place in the humanist tradition which is its own to preserve the durability of the systems to protect the people who are forcibly or voluntarily involved in them.

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