French Labour Code
In forceI.-The data referred to in Article L. 7342-7 is personal data within the meaning of Article 4 of Regulation (EU) 2016/679 of 27 April 2016 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC. This data, held by the electronic contact platform referred to in Article L. 7341-1, relates to the exercise of the professional activity of the self-employed worker referred to in that same article and comes from one of the following sources:
1° They have been communicated by the worker, or have been generated by his or her own activity within the platform;
2° They have been supplied by third parties;
3° They have been created by the platform from the processing of the data mentioned in 1° and 2° in order to make them legible, clear and intelligible for the worker, in particular by aggregating them and presenting them in the form of averages.
II.The personal data referred to in I includes in particular:
1° Data relating to the worker's registration or enrolment as a self-employed worker, pursuant to the provisions of article L. 8221-6 ;
2° The date on which the contractual relationship was entered into with the platform;
3° Data relating to the services provided by the worker via the platform: their nature, the total number of services performed, and, in a consolidated format where justified by the nature of the services, their total duration, expressed in hours, the average time slots for the services, their geographical area and their average distance;
4° The amount of business income paid by the platform in return for the services performed, after deduction of commission fees ;
5° Where such data exists, assessments of the services provided over the last twelve months;
6° Where applicable, the personal data held by the electronic matchmaking platform relating to the exercise of its social responsibility under Article L. 7342-1 :
a) The amount of the contribution to vocational training referred to in the first paragraph of Article L. 7342-3 paid by the platform during the last calendar year and the cumulative amount of the contributions paid by the platform in the years prior to this one;
b) The title of the actions enabling the validation of the acquired experience referred to in 3° of Article L. 6313-1 in which the worker participated during the last calendar year and the title of the training courses followed in the years preceding this one;
c) The amount of the top-up to the personal training account provided for in Article L. 7342-3.
III.-Without prejudice to the exercise of the rights provided for in Articles 15 to 21 of the aforementioned Regulation (EU) 2016/679 of 27 April 2016, the worker has the right to receive and transfer the personal data mentioned in I, in a structured, commonly used and machine-readable format, and has the right to transmit this data to a third party without the platform to which the personal data has been communicated hindering this.
Where the employee exercises the right referred to in the first paragraph of this III, he shall have the right to have such data transmitted directly from one platform to another, where technically possible.
The exercise of the right referred to in the first paragraph of this III shall be without prejudice to the rights and freedoms of third parties.
The electronic contact platform responsible for processing shall enable the worker concerned to request and obtain all the data concerned by means of a single request. The request is made by the employee electronically and confers a date certain on its receipt by the platform.
The platform provides the worker concerned with the requested data within one month of receipt of the request.
