SIMPLIFIED SHAREHOLDER COMPANY (SAS) and the GDPR

The Simplified Joint Stock Company (SAS) is a legal form of business in France that allows for the incorporation of a company with share capital divided into shares and the flexible organization of its operations. The SAS is suitable for businesses of all sizes, from SMEs to large corporations.

The Simplified Joint Stock Company (SAS) is aimed at individuals wishing to create a business while benefiting from great organizational flexibility, while having liability limited to the amount of their contributions to the company. The SAS is particularly suited to entrepreneurs wishing to carry out an economic activity in association with other individuals, whether natural or legal persons. It allows for great contractual freedom, great management flexibility and liability limited to contributions.
The SAS is also suitable for entrepreneurs with an ambitious development project, requiring significant fundraising from investors. It can also be used to create subsidiaries of existing companies.

It should be noted, however, that the SAS is subject to certain formalities, particularly in terms of drafting the statutes, holding shareholder meetings, appointing the chairman and managing accounts. It must also comply with the legal and tax obligations applicable to companies.
The SAS is headed by a president, who is appointed by the partners and is responsible for the day-to-day management of the company. The SAS's articles of association can be adapted to the company's specific needs, and the partners have considerable contractual freedom to organize the company's operations. Shareholders can be individuals or legal entities and are liable for the company's losses to the extent of their contributions to the share capital.
The SAS is subject to corporate income tax (IS), and the company's profits are taxed at the corporate level. Shareholders may receive dividends based on the company's profits. SAS shares may be freely transferred.
The SAS offers advantages such as management flexibility, limited liability protection for shareholders, the ability to compensate the president in the form of salary and dividends, the ability to raise funds on the stock market, and a positive brand image for companies. However, the SAS can be more complex and expensive to create and manage than a sole proprietorship or EURL.

The types and nature of personal data that you can process as part of a Simplified Joint Stock Company (SAS) will depend on the type of business you carry out. However, here are some examples of personal data that SASs can 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.
• Shareholder information: This may include information such as the name, address and number of shares held by shareholders.

It is important to note that SASs are subject to regulations regarding the protection of personal data 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. SASs must ensure that all personal data they collect is treated securely and in accordance with applicable laws.