Chapter IV: Composition, elections and term of office

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.

In the presence of the representatives of the lists of candidates, the technical assistance unit: 1° Carries out a test of the electronic voting system before the vote is opened and checks that the electronic ballot box is empty, sealed and encrypted using keys issued for this purpose; 2° Carries out a specific test of the counting system before the vote is opened, at the end of which the system…

The enrolment list is only accessible to members of the polling station and for the purposes of monitoring the voting process. No partial results are accessible during the voting process. However, if the employer or the agreement provided for in article R. 2314-5 so provides, the number of voters may be revealed during the ballot. Where voting in envelopes has not been excluded, the vote will not be opened until…

The employer or the service provider it has retained shall keep under seal, until the expiry of the appeal period and, where legal action has been taken, until the court decision has become final, the media files including the copy of source programmes and executable programmes, the voting materials, and the registration, results and back-up files. If necessary, it must be possible to carry out the vote-counting procedure again. On…

An order by the Minister for Labour, issued after consultation with the Commission Nationale de l’Informatique et des Libertés (CNIL), sets out the practical arrangements for implementing electronic voting.