Call Us + 33 1 84 88 31 00

Article L1122-1-3 of the French Public Health Code

In the case of research involving the human person to be carried out in emergency situations where it is not possible to obtain the prior consent of the person who will be subjected to the research, where such consent is required, the protocol submitted for the opinion of the committee referred to in Article L. 1123-1 may stipulate that the consent of this person is not sought and that only…

Read More »

Article L1122-1-4 of the French Public Health Code

In the case of research involving the human person mentioned in 2° of Article L. 1121-1 , the methodological requirements of which are not compatible with obtaining consent under the conditions provided for in the second paragraph of Article L. 1122-1-1, the protocol submitted for the opinion of the relevant personal data protection committee may provide that consent is not sought and that the information provided for in Article L….

Read More »

Article L1122-2 of the French Public Health Code

I.- Unemancipated minors, protected adults or adults who are unable to express their consent and who are not the subject of a legal protection measure shall, when their participation in research involving the human person is envisaged, receive the information provided for in Article L. 1122-1 adapted to their capacity for understanding, both from the investigator and from the persons, bodies or authorities responsible for assisting them, representing them or…

Read More »

Article L1123-1 of the French Public Health Code

The Minister for Health approves one or, as required, several personal protection committees for a fixed period. Their members are appointed by the Director General of the Regional Health Agency for the region in which the committee is based. The committees are completely independent in the performance of their duties. They have legal personality under public law. The committees are funded by the State.

Read More »

Article L1123-1-1 of the French Public Health Code

I. – A National Commission for Research Involving the Human Person, responsible for coordinating, harmonising and evaluating the practices of the Committees for the Protection of Individuals, has been set up under the authority of the Minister for Health. Each year, it submits recommendations to the Minister for Health concerning the consequences, in terms of healthcare organisation, of research whose results are of major interest for public health. The National…

Read More »

Article L1123-2 of the French Public Health Code

The committees are composed in such a way as to guarantee their independence and the diversity of their expertise in the field of research involving the human person and with regard to ethical, social, psychological and legal issues. They shall include representatives of approved patient or health system user associations designated under the provisions of article L. 1114-1.

Read More »

Article L1123-3 of the French Public Health Code

The members of the Committees, the persons called upon to collaborate in their work, and the agents covered by the general statute of civil servants or the general statute of military personnel who are in possession of such information are required, under the conditions and subject to the penalties laid down in articles 226-13 and 226-14 of the French Penal Code, to keep secret any information which may come to…

Read More »

Article L1123-6 of the French Public Health Code

I.- Before carrying out research involving the human person, the sponsor submits the project for the opinion of a personal data protection committee designated at random from among the available committees and having the necessary competence to examine the project, under the conditions set out in article L. 1123-14. It may only request one opinion per research project. In the event of an unfavourable opinion from the committee, the sponsor…

Read More »

Article L1123-7 of the French Public Health Code

I.- The committee gives its opinion on the conditions for the validity of the research, particularly with regard to : -the protection of individuals, in particular the protection of participants ; the adequacy, completeness and intelligibility of the written information to be provided, as well as the procedure to be followed for obtaining informed consent, and the justification for research on persons incapable of giving informed consent or, where applicable,…

Read More »

Contact a French lawyer now

Contact a French Business Lawyer

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.

Useful links

You have a question in French Business Law?

Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.

All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.