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Arrested April 18, 2012, Amending The Decree Of 22 May 2006 On The Commissioning By The Directorate-General Of The Finances Of Automated Processing Of Personal Data Referred To As 'télé@ctes '.

Original Language Title: Arrêté du 18 avril 2012 modifiant l'arrêté du 22 mai 2006 relatif à la mise en service par la direction générale des finances publiques d'un traitement automatisé de données personnelles dénommé « Télé@ctes »

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JORF n°0108 of 8 May 2012 page 8526
text No. 157



Order of April 18, 2012 amending the Order of May 22, 2006 concerning the commissioning by the General Directorate of Public Finance of an automated processing of personal data called "Tele@ctes"

NOR: BCRE1222389A ELI: https://www.legifrance.gouv.fr/eli/arrete/2012/4/18/BCRE1222389A/jo/texte


The Minister of Budget, Public Accounts and State Reform, Government Spokesperson,
Considering Council of Europe's Convention No. 108 of 28 January 1981 for the Protection of Persons with regard to the automated processing of personal data;
Vu la Act No. 78-17 of 6 January 1978 amended on computer science, files and freedoms, including article 25;
Vu la Act No. 98-261 of 6 April 1998 and its implementing decrees relating to land advertising;
In view of the Decree-Law of 4 January 1955 on land advertising reform and Decree No. 55-1350 of 14 October 1955 taken for its application;
Having regard to the amended decision of 22 May 2006 concerning the commissioning by the General Directorate of Public Finance of an automated processing of personal data called "Tele@ctes";
Vu la deliberation No. 2011-083 of 17 March 2011 authorizing the National Commission on Informatics and Freedoms,
Stop it!

Article 1 Learn more about this article...


The first draw of Article 2 of the above-mentioned Order of May 22, 2006 is thus written:
" ― the dematerialisation of sales acts, rectificative sales acts, acts of release, registration slips, registration vouchers, registration renewals, acts of servitudes, property certificates after death, certificates of rectificatives, refilling agreements, invoices, declarations of real estate surplus-value and flat-rate tax on the first assignment of land "

Article 2 Learn more about this article...


Article 3 of the above-mentioned decision of 22 May 2006 is as follows:
"I. ― The personal data processed are:
1. With regard to authorized officials of the General Directorate of Public Finance:
• Professional identifier;
― common name and name;
- grade;
- SAGES code;
― assignment service;
- type of assignment, principal or secondary;
― user profile.
2. For all documents:
the name and title of the editor or appellant;
― professional address of the notary study;
― notarial reference to formality.
For the act of sale, the act of rectificative sale, the registration slip, the registration voucher, the release certificate, the servitude, the property certificate after death, the avender, the refill agreement, the registration renewal, the rectificative attestation:
- date of the act;
- legal qualification of the act;
- titled from the file;
― reference user;
― extreme effect date;
- load character;
- identity certificate of the parties;
- certificate of compliance at the minute;
- reference and date of model 1;
- reference to the original request for information (prorogation);
― ownership transfer indicator;
― occupancy indicator of the assigned building;
― partial price indicator (acquisition price);
― payment method.
For the requisition:
- titled from the file;
― reference user;
- certification period;
- wording of the file;
cost of demand;
- indicator of the cost of correspondence;
- reference to the initial requisition for extension and further requisition.
For the declaration of real estate surplus-value (PVI) and flat-rate tax on the first assignment of bare land that became constructible (TFCTC):
the nature of the assignor;
- reporting indicator;
• PVI identifier;
- PVI-TFCTC form;
place and date of signature;
the basis of taxation;
- number of fractions.
3. With regard to persons parties to the act:
For the act of sale, the notice of rectificative sale, the registration slip, the registration voucher, the release certificate, the servitude, the property certificate after death, the avender, the refilling agreement, the registration renewal, the rectificative attestation and the requisition:
Physical identity and address:
- patronymic name, first names and civility;
occupation (optional);
- date of birth;
- death date (optional);
- commune and department of birth;
- language of the commune of birth;
- country of birth;
― the quality of the person (substantiating, beneficiary, creditor, debtor, bail, owner of the trust fund)
- the name of the spouse;
- list of names of the spouse;
- matrimonial regime;
• Postal box;
– track number, track extension, track type and track name;
the name of the placedit;
― address supplement;
- postal code;
the language of the commune;
language of the country.
Identity legal entities and address:
― SIREN number;
- social reason;
– the acronym of society;
- category and legal form;
associated with the legal person;
- situation with respect to the trade and corporate register (registered or non-registered company or registered company);
- date of filing of statutes;
- date of dissolution (optional);
the quality of the legal person;
• Postal box;
• Track number, track extension, track type and track name;
the name of the placedit;
― address supplements;
- postal code;
- the city of the head office;
language of the country;
- place of existence.
For the PVI and TFCTC declaration:
Physical identity:
- patronymic name, first names and civility;
occupation (optional);
- date of birth;
- commune and department of birth;
- language of the commune of birth;
- country of birth;
• quality of the person (cedant, accredited representative, partner or shareholder);
― name and name of the accredited representative.
Address of the assignor ' s domicile and, where applicable, of the accredited representative or partners or shareholders:
• Postal box;
– track number, track extension, track type and track name;
the name of the placedit;
― address supplements;
- postal code;
the language of the commune;
language of the country.
Identity legal entities:
― SIREN number;
― activity code of the assignor;
- social reason;
– the acronym of society;
- legal category code;
associated with the legal person;
language legal form;
- situation with respect to the trade and corporate register (registered or non-registered company or registered company);
- date of filing of statutes;
- date of dissolution (optional);
– quality of the legal person.
For the representative of the accredited legal entity: name, quality of the signatory (manager, President and CEO):
Address of the head office of the assignor and the head office of the accredited representative or partners or holders of shares:
• Postal box;
– track number, track extension, track type and track name;
the name of the placedit;
― address supplements;
- postal code;
the language of the commune;
language of the country.
For dematerialized invoices:
Physical identity:
- titled from the file;
― name and name of the natural person (optional).
Identity legal entities:
― the name of the corporation in the title of the file (optional).
Address of the Mortgage Office which issues the invoice and the notarial office:
- residence or building;
the number and wording of the track;
placedit;
- postal code and locality;
telephone and fax numbers;
e-mail address of the mortgage office.
4. With regard to the references:
Notices common to the act of sale, the act of rectificative sale, the registration slip, the registration voucher, the registration renewal, the avender, the recharging agreement, the servitude, the property certificate after death and the corrigendum:
― tax declarations necessary for the liquidation and count of all wages, taxes, duties and taxes;
(Article 255, annex III of the General Tax Code);
― references to articles General Tax Code corresponding to the relevant tax plans.
Specific information for each type of act:
- reference to the publication of the title constituting the origin of immediate property and acquisition prices;
- price or valuation and payment methods (priest, cash, out of sight of notary, life annuity, unknown).
- for the registration slip, the registration voucher, the registration renewal:
- encumbered building;
- guaranteed receivable;
– loan amount, interest rate, amount of accessories;
- due date;
- refillable sum (optional).
For the advent:
- refillable sum (optional).
For the reloading convention:
- guaranteed receivable;
― loan amount, interest rate, amount of accessories.
For easement:
- designation of the building funds serving;
- designation of the dominant building;
price or valuation of the right constituted by servitude (optional);
- payment terms;
- purchase price.
For the release act:
― the reference to radiated registration.
For the property certificate after death:
― estate devolution: real property right returning to each person entitled to estate.
For the PVI and TFCTC declaration:
- date of acquisition and transfer of ownership;
- start date of work;
- method of acquisition;
- acquisition fees and costs incurred by the seller;
- number of years of detention;
- acquisition price or renal value;
– amount of construction or improvement expenses;
― road, network and distribution fees;
- reduction rate;
- expenses and allowances;
- gross surplus value;
― taxable PVI share per partner;
- total and net taxable surplus-value;
- slaughter;
― tax due, fees and taxes, social debit;
- place of declaration;
– additional contributions (CSG, RSA, CRDS, solidarity autonomy);
- total to be paid;
― the allocation rate of the partners' shares;
- taxable basis for TFCTC;
- price of assignment and acquisition of land;
– TFCTC expenses and allowances;
- fees and taxes to be deducted from the sale price for TFCTC;
– Amount of TFCTC due.
For the dematerialized invoice:
- all elements for the liquidation of the tax payable or paid.
5. For real estate:
― cadastral references;
― the data of the plot;
- data on the tax subdivision;
- nature and descriptive of property;
- the evaluation elements;
― building identifier;
- reporting indicator;
― surface and capacity.
II. ― Processed data on the response to mortgage retention are:
In addition to the data transmitted by the notary:
1. With respect to the act of sale, the act of rectificative sale, the registration, the rectificative registration slip, the act of release, the servitude, the real estate certificate after death, the avender, the refilling agreement, the renewal of registration and the corrigendum:
― name, first name and grade of the agent signatory to the response;
― the name, first name and grade of the delegate with transfer of responsibility;
- date and place of deposit;
- date and publication reference;
- name of mortgage conservation;
― the date of the Conservative's validation of the response;
base and tax rates;
— rights perceived;
- if rejection, release date, type of rejection (total or partial) and deposit number and cause of rejection;
- if regularization, date of regularization and reference of the act of regularization;
- if refusal, date of refusal, wording of the cause of refusal.
2. With regard to the requisition:
― name, first name and grade of the agent signatory to the response;
― the name, first name and grade of the delegate with transfer of responsibility;
- Fiji file number;
― filing date;
- Fiji reference to the requisition;
- Fiji reference to the original requisition (if extension);
language of mortgage conservation;
- wording of the cause of refusal;
― the date of the Conservative's validation of the response.
III. ― Payment data are:
- CRPCEN number (study identifier);
the name of the notary study;
title (legal form);
e-mail address, fax number and telephone number of the notary study;
― RIB of the notary study;
- reference to the transfer;
the amount of the declared transfer;
- wording of the transfer;
- client account number.

Article 3 Learn more about this article...


Section 4 of the above-mentioned decision of 22 May 2006 is as follows:
"The information is retained during:
With respect to the data referred to in I (1°) of Article 3: for thirty years.
With respect to the data referred to in Article 3(2°, 3°, 4° and 5°) and II:
thirty years for requisition data;
fifty years for other documents.
With respect to the data referred to in Article 3 III: one year. »

Article 4 Learn more about this article...


The Director General of Public Finance is responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.


Done on April 18, 2012.


For the Minister and by delegation:

The Director of Pilotage,

of the network and its means

P. Rambal


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