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LAW No. 2018-493 of June 20, 2018 relating to the protection
personal data (1)
Data last update for this text: June 01, 2019
NOR: JUSC1732261L
JORF n ° 0141 of June 21, 2018
Version in force on 06 June 2021

The National Assembly and the Senate have deliberated,
The National Assembly adopted,
Considering the decision of the Constitutional Council n ° 2018-765 DC of June 12, 2018;
The President of the Republic promulgates the law, the content of which follows:

Title I: ADAPTATION PROVISIONS COMMON TO THE REGULATIONS
(EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF APRIL 27
2016 AND DIRECTIVE (EU) 2016/680 OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL OF APRIL 27, 2016 (Articles 1 to 8)
Chapter I: Provisions relating to the National Commission for Informatics and
of freedoms (Articles 1 to 7)
Article 1
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 11 (V)
Article 2
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 13 (M)
Article 3
Modified the following provisions

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● Amends Law n ° 78-17 of January 6, 1978 - art. 15 (V)
Article 4
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 17 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 18 (V)
Article 5
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 44 (V)
Article 6
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - Chapter VTII bis: Cooperation (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 49 (V)
● Transfer Law n ° 78-17 of January 6, 1978 - art. 49 bis (T)
● Created Law n ° 78-17 of January 6, 1978 - art. 49-1 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 49-2 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 49-3 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 49-4 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 49-5 (VT)
Article 7

I. Modified the following provisions:
- LAW n ° 78-17 of January 6, 1978
Sct. Chapter VII: Measures and sanctions taken by the formation
restricted from the National Commission for Informatics and Freedoms,
Art. 45, Art. 46, Art. 47, Art. 48
II. A. Modified the following provisions:
- Penal Code
Art. 226-16
II.B.-The second paragraph of article 226-16 of the penal code remains applicable, in
its drafting prior to this law, to acts committed before the entry into force
of it.

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Chapter II: Provisions relating to certain categories of data (Article 8)
Article 8
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 8 (V)

Title II: LEVEL OF MANEUVER ALLOWED BY THE REGULATION (EU)
2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF APRIL 27, 2016
RELATING TO THE PROTECTION OF INDIVIDUALS WITH REGARD TO
PROCESSING OF PERSONAL DATA AND
FREE MOVEMENT OF THIS DATA, AND REPEALING THE DIRECTIVE
95/46 / EC (Articles 9 to 28)
Article 9
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 2 (V)
Chapter I: Territorial scope of the provisions supplementing the
Regulation (EU) 2016/679 (Article 10)
Article 10
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 5-1 (V)
Chapter II: Provisions relating to the simplification of formalities prior to
implementation of processing (Article 11)
Article 11
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 22 (V)
● Repeals Law n ° 78-17 of January 6, 1978 - art. 23 (Ab)
● Repeals Law n ° 78-17 of January 6, 1978 - art. 24 (Ab)
● Repeals Law n ° 78-17 of January 6, 1978 - art. 25 (Ab)
● Amends Law n ° 78-17 of January 6, 1978 - art. 27 (V)
● Repeals Criminal Code - art. 226-16-1-A (Ab)
Chapter III: Obligations incumbent on data controllers and their
subcontractors (Article 12)

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Article 12
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 35 (V)
Chapter IV: Provisions relating to certain special categories of
treatments (Articles 13 to 18)
Article 13
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 9 (V)
Article 14
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 36 (V)
● Amends Public Health Code - art. L1461-1 (M)
Article 15
Modified the following provisions
● Amends Heritage Code - art. L212-4-1 (V)
Article 16
Modified the following provisions
● Modifies Law n ° 78-17 of January 6, 1978 - Chapter IX: Data processing to
character ... (VT)
● Created Law n ° 78-17 of January 6, 1978 - Section 1: General provisions (VT)
● Created Law n ° 78-17 of January 6, 1978 - Section 2: Special provisions relating to ...
(VT)
● Amends Law n ° 78-17 of January 6, 1978 - art. 53 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 54 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 55 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 56 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 57 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 58 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 59 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 60 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 61 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 62 (V)

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● Amends Law n ° 78-17 of January 6, 1978 - art. 63 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 64 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 65 (V)
● Amends Public Health Code - art. L1122-1 (V)
● Amends Public Health Code - art. L1123-7 (V)
● Amends Public Health Code - art. L1124-1 (VT)
● Amends Public Health Code - art. L1461-7 (V)
● Amends Public Health Code - art. L6113-7 (V)
Article 17
Modified the following provisions
● Amends Education Code - art. L312-9 (M)
Article 18

Amended by Ordinance No. 2018-1125 of December 12, 2018 - art. 27 (VD)
I. -A modified the following provisions:
- Defense code.
Art. L4123-9-1
II.-Those responsible for processing personal data including
the mention of the capacity of military have, when this mention is not
strictly necessary for one of the purposes of the processing, from a period of one year to
from the publication of this law to proceed with its abolition or
replacement by that of the quality of public official.
III. IV.-Modified the following provisions:
-Penal Code
Art. 226-16, Art. 226-17-1
-LAW n ° 2016-731 of June 3, 2016
Art. 117
V.-This article is applicable in the Wallis and Futuna Islands, in Polynesia
French, in New Caledonia, and in the Southern and Antarctic Territories
French.
NOTE:
In accordance with Article 29 of Ordinance No. 2018-1125 of December 12, 2018, these provisions
come into force at the same time as decree n ° 2019-536 of 29 May 2019 taken for the application of
the law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms on June 1, 2019.

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Chapter V: Special provisions relating to the rights of individuals
concerned (Articles 19 to 24)
Article 19
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 7 (V)
Article 20
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 7-1 (V)
Article 21

I. - Modified the following provisions:
- LAW n ° 78-17 of January 6, 1978
Art. 10
II. - The ethics and scientific committee mentioned in article L. 612-3 of the code of
education provides each year, at the end of the national pre-registration procedure
and before December 1, a report to Parliament on the progress of
this procedure and on the procedures for examining applications by the
institutions of higher education. The committee can formulate on this occasion
any proposal to improve the transparency of this procedure.
Article 22
Modified the following provisions
● Created Education Code - art. L121-4-2 (VD)
Article 23
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 32 (V)
Article 24
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 40 (V)

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Chapter VI: Remedies (Articles 25 to 28)
Article 25
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 43 ter (V)
Article 26
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 43 c (V)
Article 27
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - art. 43 quinquies (V)
● Amends Criminal Code - art. 226-22-1 (V)
Article 28

Pursuant to Article 7 of Regulation (EU) 2016/679 of the European Parliament and
of the aforementioned Council of 27 April 2016, when the processing is based on consent
data subject, the controller must be able to
demonstrate that the contracts it concludes for equipment or services
including the processing of personal data do not preclude the
consent of the end user under the conditions defined in 11 of article 4 of the
same regulation.
In particular, the fact of unreasonably restricting
legitimate technical or security order options for the end user,
especially during the initial configuration of the terminal, in terms of
communication to the public online and to applications accessible on a terminal,
presenting offers and conditions of use of an equivalent nature according to
differentiated levels of personal data protection.

Title III: PROVISIONS TRANSPOSING THE DIRECTIVE
(EU) 2016/680 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF APRIL 27
2016 RELATING TO THE PROTECTION OF INDIVIDUALS
REGARDING THE PROCESSING OF PERSONAL DATA
BY THE COMPETENT AUTHORITIES FOR THE PURPOSES OF PREVENTION AND

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DETECTION OF CRIMINAL OFFENSES, INVESTIGATIONS AND
PROCEEDINGS IN THE MATTER OR ENFORCEMENT OF SANCTIONS
PENALTIES, AND THE FREE MOVEMENT OF SUCH DATA, AND
REPEALING FRAMEWORK DECISION 2008/977 / JHA OF THE COUNCIL (Articles 29
to 30)
Article 29
Modified the following provisions
● Amends Law n ° 78-17 of January 6, 1978 - art. 32 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 41 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 42 (V)
Article 30
Modified the following provisions
● Created Law n ° 78-17 of January 6, 1978 - Chapter XIII: Provisions applicable to ...
(VT)
● Modifies Law n ° 78-17 of January 6, 1978 - Chapter XIVT: Miscellaneous provisions. (V)
● Created Law n ° 78-17 of January 6, 1978 - Section 1: General provisions (VT)
● Created Law n ° 78-17 of January 6, 1978 - Section 2: Obligations incumbent on the authorities ...
(VT)
● Created Law n ° 78-17 of January 6, 1978 - Section 3: Rights of the person concerned by ...
(VT)
● Created Law n ° 78-17 of January 6, 1978 - Section 4: Transfers of personal data ...
(VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-1 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-10 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-11 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-12 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-13 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-14 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-15 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-16 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-17 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-18 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-19 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-2 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-20 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-21 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-22 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-23 (VT)

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● Created Law n ° 78-17 of January 6, 1978 - art. 70-24 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-25 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-26 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-27 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-3 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-4 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-5 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-6 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-7 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-8 (VT)
● Created Law n ° 78-17 of January 6, 1978 - art. 70-9 (VT)

Title IV: PROVISIONS AIMING TO FACILITATE THE APPLICATION OF
RULES RELATING TO THE PROTECTION OF PERSONAL DATA
STAFF BY LOCAL AUTHORITIES (Articles 31 to 33)
Article 31

Without prejudice to the last paragraph of article L. 5111-1 of the general code of communities
territorial, can be concluded between the territorial collectivities and their
groupings of agreements aimed at providing services
related to the processing of personal data.
Local authorities and their groups can set up a unified service
the purpose of which is to jointly assume the charges and obligations related to the processing of
personal data.
Article 32

I. - Under the conditions provided for in article 38 of the Constitution and in compliance with the
provisions provided for in Titles I to III of this Law and in this Title, the
Government is authorized to take by ordinance the measures relating to the
area of ​law needed:
1 ° To the rewriting of the whole of the law n ° 78-17 of January 6, 1978 relating to
data processing, files and freedoms in order to make formal corrections and
adaptations necessary for simplification and consistency as well as for the simplicity of
implementation by the persons concerned of the provisions which put the right
national in accordance with Regulation (EU) 2016/679 of the European Parliament and of
Council of 27 April 2016 on the protection of individuals with regard to
processing of personal data and the free movement of such data, and

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repealing Directive 95/46 / EC and transposing Parliament Directive (EU) 2016/680
European Union and of the Council of 27 April 2016 on the protection of
physical with regard to the processing of personal data by the authorities
competent for the purposes of prevention and detection of criminal offenses,
investigations and prosecutions in the matter or the execution of criminal sanctions, and the
free movement of such data, and repealing Framework Decision 2008/977 / JHA of
Council, as resulting from this law;
2 ° To bring all of the legislation into line with these changes
applicable to the protection of personal data, make the changes
that would be made necessary to ensure compliance with the hierarchy of standards and
drafting consistency of texts, harmonize the rule of law, remedy
possible errors and omissions resulting from this law and repeal the provisions
no longer applicable;
3 ° The adaptation and extension to overseas territories of the provisions provided for in 1 ° and 2 ° as well
than the application in Saint-Barthélemy, Saint-Pierre-et-Miquelon,
New Caledonia, French Polynesia, Wallis and Futuna and the Lands
French Southern and Antarctic Territories of all the provisions of Law No. 78-17 of
January 6, 1978 mentioned above falling within the competence of the State.
II. - This ordinance is taken, after consultation with the National Commission for Informatics
and freedoms, within six months of the promulgation of this
law.
III. - A ratification bill is tabled in Parliament within six
months from the publication of the order.
Article 33
Modified the following provisions
● Amends LAW n ° 2016-1321 of October 7, 2016 - art. 48 (V)
● Repeals the Consumer Code - Sub-section 4: Recovery and portability of ...
(Ab)
● Repeals the Consumer Code - art. L224-42-1 (Ab)
● Repeals the Consumer Code - art. L224-42-2 (Ab)
● Repeals the Consumer Code - art. L224-42-3 (Ab)
● Repeals the Consumer Code - art. L224-42-4 (Ab)
● Modifies the Consumer Code - art. L242-20 (M)

Title V: MISCELLANEOUS AND FINAL PROVISIONS (Articles 34 to 37)
Article 34
Modified the following provisions

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● Amends Law n ° 78-17 of January 6, 1978 - art. 13 (M)
● Amends Law n ° 78-17 of January 6, 1978 - art. 15 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 16 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 17 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 21 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 29 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 30 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 31 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 39 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 42 (V)
● Amends Law n ° 78-17 of January 6, 1978 - art. 67 (V)
● Repeals Law n ° 78-17 of January 6, 1978 - art. 70 (Ab)
● Amends Law n ° 78-17 of January 6, 1978 - art. 71 (V)
Article 35

Amended by Ordinance No. 2018-1125 of December 12, 2018 - art. 27 (VD)
I. - For processing operations that were the subject of formalities prior to May 25, 2018, the
list mentioned in article 36 of the aforementioned law n ° 78-17 of 6 January 1978, adopted at
this date, is made available to the public, in an open format and easily
reusable for ten years.
II. - By way of derogation from the first paragraph of article 30 of law n ° 78-17 of January 6, 1978
relating to data processing, files and freedoms, processing comprising the
registration number of persons in the national directory of persons identification
physical which were authorized before May 25, 2018 in application of articles 25 and 27
of the same law, in their wording prior to this law, are not subject to
the obligation to be mentioned in the decree provided for in the first paragraph of article 22 of the
Law n ° 78-17 of January 6, 1978 mentioned above, except modification of these treatments and at most
late until May 25, 2020. These treatments remain subject to all other
obligations arising from the same law and from Parliament Regulation (EU) 2016/679
European Union and of the Council of 27 April 2016 on the protection of natural persons
with regard to the processing of personal data and the free movement of such
data, and repealing Directive 95/46 / EC.
NOTE:
In accordance with article 29 of ordinance n ° 2018-1125 of 12 December 2018, these provisions enter into
in force at the same time as the decree n ° 2019-536 of May 29, 2019 taken for the application of the law n °
78-17 of January 6, 1978 relating to data processing, files and freedoms on June 1, 2019.

Article 36
Modified the following provisions
● Amends Code of Criminal Procedure - art. 230-8 (V)

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● Amends Code of Criminal Procedure - art. 230-9 (V)
● Amends Code of Criminal Procedure - art. 804 (M)
Article 37

Amended by Ordinance No. 2018-1125 of December 12, 2018 - art. 27 (VD)
Titles I to III and Articles 34 and 35 come into force on May 25, 2018.
However, for automated processing installed before May 6, 2016, article 101 of
the aforementioned law n ° 78-17 of 6 January 1978 comes into force on a date fixed by decree, and
later :
1 ° May 6, 2023 when such an obligation would require disproportionate efforts;
2 ° May 6, 2026 when, failing such a postponement, serious difficulties would result
for the operation of the automated processing system.
The list of processing operations affected by these postponements and the dates on which, for these
treatment, the entry into force of this obligation is postponed are determined by
regulatory route.
The second sentence of 2 ° of article 10 of the aforementioned law n ° 78-17 of 6 January 1978,
in its wording resulting from article 21 of this law, comes into force on the 1st
July 2020.
Article 22 comes into force from the start of the 2018-2019 school year.
This law will be executed as state law.

Done in Paris, June 20, 2018.

Emmanuel Macron
By the President of the Republic:

The Prime Minister,
Edouard Philippe

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The Minister of State, Minister of the Interior,
Gerard Collomb

The Keeper of the Seals, Minister of Justice,
Nicole Belloubet

The Minister for Europe and Foreign Affairs,
Jean-Yves Le Drian

The Minister of the Armed Forces,
Florence parly

The Minister for Territorial Cohesion,
Jacques Mézard

The Minister of Solidarity and Health,
Agnes Buzyn

The Minister of Economy and Finance,
Bruno the Mayor

The Minister of Culture,
Francoise Nyssen

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The Minister of National Education,
Jean-Michel Blanquer

The Minister of Higher Education, Research and Innovation,
Frederique Vidal

The Minister attached to the Minister for Europe and Foreign Affairs, in charge of
European,
Nathalie Loiseau

The Secretary of State to the Prime Minister, in charge of digital,
Mounir Mahjoubi

(1) Law n ° 2018-493.
- Preliminary activities :
National Assembly :
Bill n ° 490;
Report by Mrs Paula Forteza, on behalf of the Law Commission, n ° 592;
Opinion of Mrs Albane Gaillot, on behalf of the Commission des affaires sociales, n ° 579;
Discussion on 6 and 7 February 2018 and adoption, after initiating the accelerated procedure, the
February 13, 2018 (TA n ° 84).
Senate:
Bill, adopted by the National Assembly, n ° 296 (2017-2018);
Report by Ms. Sophie Joissains, on behalf of the Law Commission, n ° 350 (2017-2018);
Information report by Mr Simon Sutour, on behalf of the Committee on European Affairs,
n ° 344 (2017-2018);

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Text of committee n ° 351 (2017-2018);
Discussion on March 20 and 21, 2018 and adoption on March 21, 2018 (TA n ° 76, 2017-2018).
National Assembly :
Bill, modified by the Senate, n ° 809;
Report by Mrs Paula Forteza, on behalf of the joint committee, n ° 855.
Senate:
Report by Mrs Sophie Joissains, on behalf of the joint committee, n ° 407
(2017-2018);
Result of the work of committee n ° 408 (2017-2018);
National Assembly :
Bill, modified by the Senate, n ° 809;
Report by Mrs Paula Forteza, on behalf of the Law Commission n ° 860;
Discussion and adoption on April 12, 2018 (TA n ° 110).
Senate:
Bill, adopted by the National Assembly, n ° 425 (2017-2018);
Report by Ms. Sophie Joissains, on behalf of the Law Commission, n ° 441 (2017-2018);
Text of committee n ° 442 (2017-2018);
Discussion and adoption on April 19, 2018 (TA n ° 100, 2017-2018).
National Assembly :
Bill, amended by the Senate in new reading n ° 903;
Discussion and adoption, final reading, May 14, 2018 (TA n ° 113).
- Constitutional Council :
Decision n ° 2018-765 DC of June 12, 2018 published in the Official Journal of the day.

