LIMITED LIABILITY COMPANY (LLC) and the GDPR

The Limited Liability Company (SARL) is a legal form of business in France, which can be formed between a minimum of two partners and a maximum of one hundred partners, and which allows the partners' liability to be limited to the contributions they have made to the company.

The Limited Liability Company (SARL) is aimed at people wishing to create a business with several people, while benefiting from liability limited to their contributions to the company.
The SARL is a legal form suitable for activities requiring a larger initial investment than for a sole proprietorship, but which do not require the significant fundraising involved in the creation of a public limited company.
The SARL is also suitable for entrepreneurs who wish to preserve their personal assets by limiting their financial liability, while working in collaboration with partners.
The SARL is particularly suited to family businesses, SMEs, VSEs, traders, artisans and even liberal professions.

It should be noted, however, that the SARL involves a certain formality, particularly in terms of drafting the statutes, holding shareholders' meetings, appointing the manager, as well as accounting and tax obligations. The shareholders must also comply with certain rules for the transfer of their shares in the company.

The SARL is a legal entity separate from its partners, which means it can own property, incur debts, and be sued. This legal form is very common for the creation of small and medium-sized enterprises (SMEs).
The partners of an LLC may have different roles and contributions, and are subject to strict operating rules, particularly in terms of governance and decision-making. LLCs are managed by one or more managers, appointed by the partners, who are responsible for the day-to-day management of the company.
The SARL is subject to corporate tax (IS) and the partners are considered self-employed and must contribute to social organizations to benefit from social security coverage.
The SARL offers advantages such as limited liability for partners, management flexibility, the ability to integrate new partners, ease of transferring shares, and advantageous tax treatment for companies with significant revenues. However, the SARL can be more complex and expensive to create and manage than a sole proprietorship or EURL.

As a Limited Liability Company (LLC), the types and nature of personal data you can process will depend on the type of business you conduct. However, here are some examples of personal data that LLCs may process:

• Personally identifiable information: This may include data such as name, address, email address, telephone number, date of birth, and social security number.
• Financial Information: This may include information such as credit card numbers, banking information, payment information, debts and financial assets.
• Employment Information: This may include information such as employee name, employee address, salary, leave details, and benefits.
• Customer Information: This may include information such as the customer's name, address, telephone number, and purchase history.
• Supplier Information: This may include information such as name, address, telephone number and contract terms.

It's important to note that LLCs are subject to data protection regulations and must comply with applicable data protection laws, such as the General Data Protection Regulation (GDPR) in Europe and the Consumer Online Privacy Protection Act (CCPA) in California. LLCs must ensure that all personal data they collect is handled securely and in accordance with applicable laws.