Introduction
The decree no. 2025-840 of August 22, 2025 introduces a significant advance in personal data protection for individuals exercising management authority over a company.
By inserting a new article R. 123-54-1 of the French Commercial Code, such persons will now be able to make confidential their personal address appearing in documents accessible to the general public via the registre du commerce et des sociétés (RCS).
This new article is part of a wider drive to secure personal data, against a backdrop of heightened risks of harassment, usurpation or invasion of privacy.
Protection for managers and persons authorized to bind the company on a regular basis
The new article R. 123-54-1 is specifically aimed at persons exercising executive or management authority over the company.
This includes managers, chairmen, managing directors and deputy managing directors, members of the management board and the chairman of the management board, where applicable, the sole managing director, partners, and any person with the power to direct, manage or commit the company on a regular basis.
The protection covers information relating to their personal domicile, as mentioned in deeds or documents filed with the RCS. From now on, they will be able to request that this data not be made accessible to the public.
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Practical details: a centralized procedure via the one-stop shop
The confidentiality request must be made via the guichet unique de l’INPI platform.
If the request relates to a published document, a redacted copy of the personal address must be supplied, which is then published by the clerk of the court in place of the original document, which is kept as proof.
Uncertainty for non-trading companies
A word of caution is in order when it comes to non-commercial companies, such as associations, non-trading companies or liberal professions.
The new article R. 123-54-1 is inserted in Title II of the regulatory part of the French Commercial Code, entitled “Des commerçants”. However, this positioning raises a question about the scope of the decree: can managers of non-commercial structures validly benefit from this confidentiality option?
In practice, the INPI’s one-stop-shop platform enables these people to make the declaration. However, the Registrar, as custodian of the Trade and Companies Register, could refuse this request on the grounds that the regulatory basis would only apply to natural persons operating in a commercial context.
Exclusion of sole traders
It should also be pointed out that the scheme does not apply to sole proprietors. The latter are not among the persons covered by article R. 123-54-1, although they too may be exposed to risks in connection with the disclosure of their personal domicile.
Conclusion
The decree of August 22, 2025 represents a significant step forward in the protection of corporate officers’ personal data.
It offers a concrete confidentiality mechanism, but leaves certain legal uncertainties for non-commercial structures and individual entrepreneurs.
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