I. – The subscriber file mentioned in Article L. 2224-11-4 implemented for the invoicing of water and sanitation by the delegatee of a public water or sanitation service includes the elements necessary for the preparation of invoices, receipts and accounting documents required for the production of receipts and the recovery of sums due as well as the collection and recovery of taxes and duties attached and the management of the accounts of the persons concerned.
To this end, the subscriber file includes:
– a mention of the characteristics of the water meter including the reference of the metrological logbook and the date of installation of the meter;
– elements relating to invoicing carried out, within the limits of the prescription mentioned in Article L. 137-2 of the Consumer Code;
– information relating to the due diligence undertaken in respect of complaints and disputes in progress;
– data relating to the identification of the subscriber (name, address, identifier excluding the national identity number, and the telephone number if applicable), the name and address of the recipient of the bill as well as the method of payment ;
– the information required for billing taxes and charges of any kind levied on the water bill and, where applicable, sanitation charges in application of the articles R. 2224-19 to R. 2224-19-6.
II. – At least six months before the end of the delegation contract, the delegatee shall send the delegating authority, in a secure manner, a copy of the subscriber file in a secure electronic format, under the conditions prescribed by the general interoperability reference framework mentioned in Article 11 of Ordinance no. 2005-1516 of 8 December 2005 relating to electronic exchanges between users and administrative authorities and between administrative authorities.
Attached to this transmission are:
– a compendium of the tariffs applied by the service;
– a note specifying the arrangements made for the delivery of the service regulations to subscribers in application of article L. 2224-12.
III. – The delegating authority that has received the subscribers’ file shall ensure that it is kept in secure conditions and in accordance with the provisions of 5° of l’article 6 de la loi n° 78-17 du 6 janvier 1978 modifiée relative à l’informatique, aux fichiers et aux libertés. The processing of data is subject to the formalities prior to the implementation of the processing defined by the aforementioned law.
IV. – The transmission and storage procedures provided for in the first paragraph of II and in III are also applicable at the end of the public service delegation agreement, if the delegatee is not renewed, when the subscriber file is handed over to the delegating authority and then to the department responsible for water billing.