THE JOURNAL OF EXPORT CONTROLS AND SANCTIONS

March 2012

Exporting data from France: what does the legislation say?

The growing internationalization of data exchange brings greater challenges to those tasked with protecting both national security and individual freedoms. Olivier de Courcel and Laurent Teyssandier..

It is a fundamental tenet of democratic countries that the expression and circulation of information should be free and constitutionally protected. So it is in the French Republic. Consequently, and as a matter of principle, the export of data is also free. The only limits that can be placed upon it arise out of principles or requirements that hold equal legal value and derive from national security or public order concerns and from the protection of certain other individual liberties. National security and public order require that the state may demand secrecy in relation to information considered to belong to...

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