Publié le null - Directorate for Legal and Administrative Information (Prime Minister)
Marketing by holders of personal training accounts (PTAs) is now prohibited. That's what the law published in the Official Journal of 19 December 2022. An update on this legislation and the new developments related to the CPF in 2023.
Image 1Crédits: Romain TALON - stock.adobe.com
Any marketing to CPF holders is now prohibited, whether by telephone, SMS, email or via online social networks. This is the purpose of the Act of 19 December 2022 to combat fraud at the CPF.
The prohibition covers:
the collection of personal data, including the amount of fees entered in the account
training myaccount
and the identification data allowing access to it;
the proposed contract for training actions under the CPF (except for calls directly related to an ongoing action).
Failure to comply with this prohibition shall be punishable by an administrative fine of:
€75,000 for a natural person;
€ 375 000 for a legal person.
The law provides that all training organizations are listed on the Moncompteformation.gouv.fr portal and authorizes the Caisse des Dépôts, the application manager, to remove from this listing any organization that has been able to engage in such a canvassing.
The use of subcontracting by these training bodies to carry out training activities must also be the subject of a decree which will specify the details.
Please note
An amendment has been inserted to the 2023 Finance Law, providing for employee participation in the cost of a training action, validation of experience acquired (VAE) or skills assessment carried out in the framework of the CPF. This contribution could be proportional to the cost of the training, subject to a ceiling, or fixed at a lump sum. Jobseekers and employees whose employers finance part of this cost will be exempted. A forthcoming decree must specify the terms and conditions.
FYI
In the event of a dispute between a whistleblower employee and his or her employer, the judges of the Labor Court may order the employer to pledge the personal training account (CPF) of the whistleblower up to the overall ceiling of €8,000. This additional sanction shall also apply to persons who have assisted the whistleblower or persons related to the whistleblower and who have been subject to sanctions measures by their employer. That's what a decree of 28 december 2022.
