Subsection 4: Voting system and election results

The election of the members of the staff delegation of the social and economic committee may be carried out by electronic voting at the workplace or remotely. Without prejudice to the provisions relating to the pre-electoral agreement protocol set out in articles L. 2314-5 et seq., the possibility of using an electronic vote is opened up by a company agreement or by a group agreement. In the absence of an…

The design and implementation of the electronic voting system may be entrusted to a service provider chosen by the employer on the basis of specifications complying with the provisions of this paragraph. The system chosen ensures the confidentiality of the data transmitted, in particular that of the files created to draw up the electoral lists of the electoral colleges, as well as the security of the addressing of the means…

During an election by electronic voting, the files containing the voters’ authentication details, the encryption and decryption keys and the contents of the ballot box are only accessible to those responsible for managing and maintaining the system. Data relating to voters registered on the electoral roll and data relating to their vote are processed by separate, dedicated and isolated computer systems, known respectively as the voters’ file and the contents…

It must be possible to seal the electronic voting system at the opening and closing of the ballot.

Prior to its implementation or to any substantial modification of its design, the electronic voting system is subject to an independent expert assessment to verify compliance with articles R. 2314-5 to R. 2314-8. The expert’s report is made available to the Commission nationale de l’informatique et des libertés. The provisions of these same articles also apply to the persons responsible for the management and maintenance of the computer system.

The employer shall set up a technical assistance unit responsible for ensuring the smooth operation and monitoring of the electronic voting system, including, where appropriate, representatives of the service provider.

The employer informs the trade union organisations representing employees in the company or in the establishment(s) concerned, of the completion of the prior declaration formalities with the Commission nationale de l’informatique et des libertés.

Each employee receives a detailed information leaflet on the electoral process. The members of the staff delegation and the members of the polling station receive training on the electronic voting system chosen.

The pre-electoral agreement mentions the conclusion of the company or group agreement authorising the use of electronic voting and, if it has already been decided, the name of the service provider chosen to implement it. The appendix includes a detailed description of how the chosen system will work and how the electoral operations will be carried out.

Electronic voting takes place during a limited period for each ballot.