The conditions under which the employers referred to in articles L. 1262-1 and L. 1262-2 are required to transmit, by electronic means, the declaration referred to in I of article L. 1262-2-1 of this code or the certificate referred to in article L. 1331-1-1 of the transport code are set by decree in the Conseil d’Etat issued after consultation with the Commission nationale de l’informatique et des libertés.