Key Benefits:
Publics concerned: trainees in vocational training, Caisse des dépôts et consignation, funders of vocational training.
Purpose: Personal training account information system.
Entry into force: the text comes into force on January 1, 2015.
Notice: the Act No. 2014-288 of 5 March 2014 on vocational training, employment and social democracy has established a personal training account (CPF), which must replace the individual right to training (DIF) as of January 1, 2015. This Act also provides for the establishment of a free dematerialized service for the benefit of the personal training account holders, allowing them to take note of the number of hours credited to this account and to provide them with information on eligible trainings and on the additional amounts that may be requested.
This Order sets out the modalities for the implementation of automated processing, managed by the Caisse des dépôts et consignation.
References: the provisions of Labour code Amended by this decree may be consulted, in their drafting, on the website Légifrance (http :// www. legifrance. gouv. en).
The Prime Minister,
On the report of the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Vu le monetary and financial codeincluding article L. 518-3;
Vu le Labour codeincluding article L. 6323-8;
Vu la Act No. 78-17 of 6 January 1978 modified in relation to information technology, files and freedoms, including article 27;
Vu la Act No. 2014-288 of 5 March 2014 relating to vocational training, employment and social democracy, including article 1;
In the light of the opinion of the Supervisory Board of the Caisse des dépôts et consignations dated 23 July 2014;
Vu the opinion of the National Commission on Informatics and Freedoms of 23 October 2014;
Considering the advice of the Board of Directors of the National Old Age Insurance Fund dated 5 November 2014;
The State Council (Social Section) heard,
Decrete:
In chapter III of Book III title II of the sixth part of the Labour Code (regulatory part), a section 6 is added as follows:
“Section 6
" Training Personal Account Information System
"Art. R. 6323-12.-The personal training account is implemented through the automated processing referred to in this section.
"Art. A. 6323-13.-In accordance with section L. 6323-8, the Minister for Vocational Training authorizes the creation, by the Minister for Vocational Training, of an automated personal data processing referred to as the "Information System of the Personal Training Account" (SI-CPF), allowing the management of the rights registered or referred to in the personal training account.
"This automated treatment is implemented and managed by the Caisse des dépôts et consignations.
"Art. R. 6323-14.-The automated processing referred to in R. 6323-13 is intended to allow:
« 1° The management of the rights registered or mentioned on the personal training account accessible via an established website for this purpose;
« 2° An account holder's information on the number of hours credited to the account, eligible training and additional amounts that may be requested;
« 3° Analysis of the use and evaluation of the implementation of the personal training account, including through statistics.
"Art. R. 6323-15. - To the extent that their operation is necessary for the continuation of the purposes defined in R. 6323-14, the categories of personal data that may be recorded in the automated processing are:
« 1° Personal data relating to the holder of the personal training account:
“(a) Registration number on the National Register for the Identification of Physical Persons (NIR);
“(b) Creation date in the CPF repository;
"(c) Name of birth, name of use, marital name and first names, sex, date and place of birth, indication of a potential disability;
"(d) Address in France and, if applicable, abroad, address of the workplace, telephone number and e-mail address;
“e) If applicable, date of death;
« 2° Data relating to hours recorded:
“(a) Individual right to education V of Act No. 2014-288 of 5 March 2014 relating to vocational training, employment and social democracy;
“(b) Hours on the account;
"(c) Information on the nature of rights: periods of activity and inactivity (with the reason for this), dates taken into account;
"(d) employer's SIRET, Professional Code;
“e) Working time, working time rate;
“(f) Remuneration of the account holder;
« 3° Training file data:
“(a) Eligible training;
“(b) History of transactions on the account;
"(c) Entry of comments by the licensee;
"(d) Title, title, complete and objective of training;
“e) Date of agreement of the holder for the mobilization of hours on the account;
“(f) Data related to the training organization: SIRET, social reason, contact, registration address, specific information, targeted public code;
“(g) Training data: date, duration and total cost of training, planned and realized, modalities (place, present or remote, internal or external, input-output), content, rhythm, contact, course, conditions (entrance level, code of this level, specific conditions) ;
“(h) Status of the trainee, level or title obtained, socio-professional category;
“(i) In case of employee interns: SIRET, social reason, employment, address of the employer, USSRAF, main activity of the company/name of the French activities (APE/ NAF), OPCA of the company, identifying collective agreement/national collective agreement (IDCC/CN), imputation;
“j) Possible compensation on the minimum of 0.2% of the amount of remuneration referred to in I of Article L. 6323-20; possible costs;
“(k) Funding for training: available in hours of individual right to training and entitlements acquired under the personal training account; rights acquired in hours mobilised under the individual right to training and under the personal training account; cost of ancillary educational fee; the amount of compensation paid; in the event of funding of additional hours pursuant to the II of Article L. 6323-4, and by funder, name of the organization, number of hours funded, amount funded, commentary;
« 4° Guidance, training and skills passport data:
“(a) Studies and trainings followed;
“(b) Degrees and certifications obtained;
"(c) Qualifications held and exercised;
"(d) Professional experience;
“e) Ability and skills;
“(f) Driver's license;
“(g) Foreign languages;
“(h) Swearing;
« 5° Organizational managers data:
“(a) Name and first name, function;
“(b) Organization employer, unit of belonging, telephone number and email address.
"Art. R. 6323-16.-I.-The holder of the personal training account directly accesses the personal data concerning him, in order to establish and update his personal data, his training file and his or her orientation, training and skills passport.
"II.- To the extent necessary for the performance of their duties, the Caisse staff of deposits and consignations ensuring the management of the processing directly access to any or part of the personal data referred to in section R. 6323-15, for the compilation and updating of hour and training accounts data.
"III.-S only have the authority to access directly the personal data included in the automated processing, within the limits strictly necessary for the performance of their missions and for the preparation or updating of the data relating to the account of hours, the training project and the sources of funding for the training:
« 1° Community officials and agencies responsible for the financing of training and mentioned in the 3rd, 4th, 7th, 8th and 9th of the II of Article L. 6323-4;
« 2° Agents of professional development consulting organizations referred to in Article L. 6111-6, for data relating to the training hours accounts, the history of the training courses or the contents of the guidance, training and skills passport, when authorized by the account holder for this purpose;
« 3° Employers who manage the funding of training hours acquired under the individual right to the previously mentioned training.
"Art. A. 6323-17.-are consigned to all or part of the personal data included in the automated processing, within the limits strictly necessary for the performance of their missions:
« 1° The officers of the National Old Age Insurance Fund, in the context of the management of the personal toll-prevention account under section L. 4162-11;
« 2° Officers of the Research, Studies and Statistics Management Directorate of the Ministry of Vocational Training, and the organizations it mandates through research conventions, for their use for statistical purposes for the research or evaluation of the SI-CPF;
« 3° The staff of the General Delegation for Employment and Vocational Training, in particular as part of the evaluation provided for in Article L. 6323-9.
"Art. R. 6323-18.-I.-In the context of the purposes defined in Article R. 6323-14 and within the limits of the necessary information, the processing can be fed by the related automated treatments:
« 1° National ID Management System;
« 2° To social data collected by the National Social Data Transfer Centre;
« 3° Social data collected by the Agricultural Social Mutuality;
« 4° The social data collected under the activities mentioned in articles L. 6331-55 and L. 6331-65;
« 5° The data collected by registered parity collectors to supply the account by the additional and additional hours referred to in articles L. 6323-4, L. 6323-13 and L. 6323-14;
« 6° To the data mentioned in theArticle L. 313-7 of the Education Code young people leaving initial training systems without a degree or professional qualification.
"II.-In the same purposes, the treatment may be related to the automated treatment of communities and organizations referred to in Article III R. 6323-16. These relationships are subordinate, in accordance with the II of Article 30 of Law No. 78-17 of 6 January 1978 relating to information, files and freedoms, the prior information of the National Commission on Informatics and Freedoms and, where applicable, the modification of the authorisation of such treatments.
"Art. R. 6323-19.-I.- Information in accordance with the provisions of Article 32 of the Act of 6 January 1978 previously mentioned appears on the website of the automated processing referred to in Article R. 6323-13.
"II.-The right of opposition under section 38 of the Act does not apply to such treatment.
"III.-The right of access and rectification under sections 39 and 40 of the Act shall be exercised with the Caisse des dépôts et consignations.
"Art. R. 6323-20.-Personal data and information recorded in the processing shall be retained for a period of three years from the date of the death of the personal training account holder.
"In the event of litigation, this period is extended, if any, until a final court decision is made.
"Art. A. 6323-21.-Any automated processing operation referred to in R. 6323-13 is the subject of a registration that includes the identification of the user, the date, time and nature of the intervention in that treatment. This information is retained for a period of one year.
This Order comes into force on January 1, 2015.
The Minister of Labour, Employment, Vocational Training and Social Dialogue is responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Annex
LIST OF DATA TO PERSONAL FEATURES AND INFORMATION RELATED IN THE "PERSONAL RECORD OF TRAINING"
I. - Personal information of the account holder
1. Registration number on the National Physical Identification Register (NIR).
2. Creation date in the CPF repository.
3. Sex.
4. Civility.
5. Bossymic name, usual, marital, first names.
6. Date and place of birth.
7. Indication of persons with disabilities.
8. Personal addresses in France and abroad.
9. Address of his workplace.
7. Telephone(s) and e-mail address.
8. Date and character certified or presumed of death.
II. - Hours account data
1. Hours acquired under the individual right to training.
2. Hours on the personal training account.
3. Information on the nature of rights: period of activity and inactivity (with the reason for inactivity), date taken into account.
4. Employer SIRET.
5. Professional code.
6. Time to work.
7. Working time.
8. Remuneration of the licensee.
III. - Training file data
1. Eligible training.
2. History of operations on the CPF.
3. Fields of input of comments by the licensee.
4. Title of the training.
5. Full training title.
6. Date agreed by the licensee for the mobilization of its CPF hours.
7. SIRET of the training organization.
8. Social reason of the training organization.
9. Total duration of planned/total hours training.
10. Total cost of training in expected euros/final total cost.
11. Date of training.
12. Training objective.
13. The highest level/title obtained by the trainee.
14. Status of the trainee (DE, employee...).
15. Socio-professional category of the trainee.
16. If employee trainee = deemed employer, employer social reason, employer address, URSSAFF, EPP/NAF, employer employee, company OPCA, IDCC/CCN, imputation 17. Possible compensation on 0.2%.
18. Present or remote training.
19. Partial certification.
20. Internal/external training.
21. Content of the training.
22. Rhythm of training.
23. Contact training.
24. Training course.
25. Compulsory entry level.
26. Code level entry.
27. Specific conditions
28. Allows possible costs.
29. Input-out mode.
30. Training place.
31. Registration address.
32. Organizational coordinates.
33. Contact organization.
34. Specific information.
35. Target public code.
36. Financing.
Staff account entitlements available in hours.
Balance of individual right to training in hours.
Rights acquired in hours under the personal training account mobilized for training.
Hours of individual right to training mobilized for training.
Cost of training in euros, for educational expenses, annexes, and the amount of compensation paid.
For additional funding, and by financer, and by type of financeer, name of the financial agency, number of hours financed, amount financed in euros, commentary).
IV. - Guidance, training and skills passport data
1. Studies and training.
2. Degrees and certifications obtained.
3. Qualifications held and exercised.
4. Professional experience.
5. Ability and skills.
6. Driver's license.
7. Foreign languages.
8. Sworn.
V. - Technical directory of agency managers
1. Name and first name.
2. Employer agency.
3. Function.
4. Unit of belonging.
5. Professional telephone and e-mail address.
Done on 30 December 2014.
Manuel Valls
By the Prime Minister:
The Minister of Labour, Employment, Vocational Training and Social Dialogue,
François Rebsamen
