Chapter IIIa: The national platform for judicial interception

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Article R40-46

French Code of Criminal ProcedureIn force

Updated 6 Nov 2023

Insofar as they are necessary for the purposes defined in article R. 40-43, the following personal data and information may be stored in the automated processing system:

1° For electronic communications subject to judicial interception mentioned in articles 74-2,80-4,100 to 100-8 and 706-95 and 1° of article 709-1-3 :

a) The identity (surname, married name, customary name, first names) of the natural person issuing and receiving the electronic communication, nickname, alias, date and place of birth, sex, parentage, family status, nationality;

b) The names, business name, legal representatives and directors of the legal person issuing or receiving the electronic communication and the registration numbers in the trade and companies register ;

c) The address or any other information enabling the domicile, place or establishment to be identified;

d) The elements identifying the connection and data relating to the communications tools used;

e) The telephone number (fixed and mobile, personal and professional);

f) The e-mail address or data relating to the services requested or used;

g) Technical data relating to the location of the communication and the terminal equipment;

h) Data relating to communications traffic on the intercepted link;

i) Data enabling billing and payment to be established;

j) The content of intercepted electronic communications and related information, where applicable transcribed in accordance with Article 100-5 ;

k) Any recorded sound elements likely to help establish the truth;

l) Voiceprints (template) created from interceptions;

2° For electronic communications subject to a real-time geolocation measure referred to in Articles 230-32 to 44, 2° of Article 709-1-3 and article 67 bis-2 du code des douanes :

a) Signalling data generated by the use of the communication terminal, transmitted in real time;

b) Updating of signalling data from the communication terminal, on request from the network, transmitted in real time;

3° For data and information communicated pursuant to articles 60-2,77-1-2 and 99-4 :

a) The identity (surname, married name, customary name, first names) of the natural person sending or receiving the electronic communication, nickname, alias, date and place of birth, sex, parentage, family status, nationality ;

b) The names, trade name, legal representatives and managers of the legal entity issuing or receiving the electronic communication, as well as the registration numbers in the trade and companies register;

c) The address or any other information enabling the domicile, place or establishment to be identified;

d) The identification details of the link and data relating to the communications tools used;

e) The telephone number (fixed and mobile, personal and business);

f) The e-mail address or data relating to the services requested or used;

g) Technical data relating to the location of the communication and the terminal equipment ;

h) Data relating to communications traffic;

i) Data enabling billing and payment to be established;

4° For data obtained by capturing, fixing, transmitting or recording speech pursuant to Articles 706-96 to 706-98 :

a) The identity (surname, married name, customary name, first names) of the natural person issuing or receiving the recorded words and sound elements, nickname, alias, date and place of birth, sex, parentage, family situation, nationality ;

b) The names, business name, legal representatives and directors of the legal entity issuing or receiving the recorded words and sound elements and the registration numbers in the trade and companies register;

c) The address or any other information enabling the domicile, place or establishment to be identified;

d) The identification details of the link and data relating to the communications tools used;

e) The telephone number (fixed and mobile, personal and business);

f) Technical data relating to the location of the PA system;

g) Data relating to communications traffic in public or private places or vehicles subject to the PA measure;

h) Words recorded under the conditions of Article 706-96 as well as related information, where applicable transcribed in accordance with Article 706-98-15;

i) Any recorded sound element likely to help establish the truth;

j) Voiceprints (template) created from the sound recordings;

5° For real-time geolocation data obtained during a sound recording:

a) Signalling data generated by the use of the communication terminal, transmitted in real time;

b) Updating of signalling data from the communication terminal, at the request of the network, on demand, transmitted in real time;

6° For data required for the use and security of the national judicial interception platform:

a) The identity (surname, married name, customary name, first names) of the natural person holding access to the national judicial interception platform, as well as their grades, functions and identity and organisation reference number (RIO) or functional number;

b) The designation of the service or court to which the user is attached, and the associated postal address;

c) The telephone and fax number of the natural person mentioned in a;

d) The e-mail address of the natural person mentioned in a.

Information relating to the facts, places, dates and classification of the offences under investigation is also recorded.

In addition to all this data, free comments made by the persons mentioned in article R. 40-43 in charge of the file may also be recorded in the processing. Only the users in charge of the case file mentioned in I, II and III of article R. 40-47 have access to the data collected. Only data and information, including that covered by the article 6 de la loi n° 78-17 du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, strictement nécessaires, adéquates et non excessives au regard des finités poursuivies.

Mariela Petrova

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Common Questions

Working with a corporate lawyer in France — Q&A

Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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