"Do we have to keep a register?" The question comes up at every church board meeting, and the answer is surprising: the register people have in mind no longer exists, and the one that is truly mandatory is a different one.
This guide covers French law: the 1905 law on the separation of church and state, the 1901 law on associations, and the GDPR as applied in France. Legal terms are given in French in parentheses the first time they appear.
The gist in 20 seconds: contrary to popular belief, no text requires a "membership register" — the special register (registre spécial) of 1901-law associations was abolished in 2015. What is mandatory is something else: filings with the prefecture, accounting, and for religious associations, the stricter obligations stemming from the law of August 24, 2021. An up-to-date membership list, however, remains essential in practice: without it, no general meeting holds up legally.
| Structure | Purpose | What it implies |
|---|---|---|
| Religious association (association cultuelle) law of December 9, 1905 | Exclusively the conduct of worship | Tax benefits (donations, tax receipts, exemptions) in exchange for closer administrative oversight and strict accounting obligations |
| Association with a religious purpose (association à objet religieux) law of July 1, 1901 | Broader activities: social, cultural, educational, mutual aid | Flexibility of purpose, but not the tax regime of religious associations |
| Local law (droit local) Alsace-Moselle | Specific regime inherited from local law | Registration in the court's register of associations — its own rules, to be checked locally |
Many churches operate with two structures side by side: a 1905-law religious association for worship and donations, and a 1901-law association for social and cultural activities.
Let's sort this out, because the confusion costs many boards a lot of time.
The law reinforcing respect for the principles of the Republic (loi confortant le respect des principes de la République) strengthened the framework for religious associations: declaration of religious-association status to the prefect, to be renewed every five years, stricter accounting obligations, and declaration of foreign funding above €10,000. The exact procedures and thresholds that apply to your situation should be checked with your prefecture or your church federation.
Your list is used to send meeting notices, hold votes and collect membership fees. The GDPR requires you to stick to that: this is the principle of data minimization. Every column must answer the question "what is it actually for?".
| Column | Useful? | Why |
|---|---|---|
| Surname, first name | Essential | Identification, meeting notices |
| Contact details (email, phone) | Essential | Notices of general meetings |
| Date of joining | Essential | Determines voting rights and the retention period |
| Member status | Essential | Active member, supporter, former member: determines the quorum |
| Membership fee up to date | Useful | Often a condition for voting rights under the bylaws |
| Postal address | Depends on use | Justified only if you send notices by post |
| Date of birth | Rarely | Collect it only if your bylaws set an age requirement |
| Family situation, health, spiritual journey | No | Has no place in a list meant for running the association. This information belongs to pastoral care, with restricted access. |
| Free-text comments about the person | No | The classic trap: the "remarks" column turns into a file on people, readable by the whole board |
Mixing the administrative list (who votes, who pays fees) and pastoral care (who is going through what) in the same file. The first must be accessible to the board; the second never should be. As long as the two sit in the same spreadsheet, you have no way of separating them — and that is exactly what the GDPR objects to.
The irony: the register the law requires is not the one people think of. Article 30 of the GDPR requires a record of processing activities (registre des traitements), and the exemption for organizations with fewer than 250 people does not apply to processing involving sensitive data — which is the case for every church membership file.
This record is an internal document. For each processing activity, state: the purpose, the categories of data, the legal basis, who has access, the retention period and the security measures. The details are in our guide GDPR and your church membership file.
Does a religious association have to keep a register of its members?
No text requires a "membership register" in that form. The special register of 1901-law associations was in fact abolished in 2015. But keeping an up-to-date list remains essential in practice: it determines who votes at the general meeting, who can be elected to the board, and whether the quorum is reached. Your bylaws generally make it an internal obligation.
What is the difference between a 1905-law association and a 1901-law association?
A 1905-law religious association has the exclusive purpose of conducting worship and enjoys specific tax benefits, in exchange for closer oversight. A 1901-law association with a religious purpose can carry out broader activities (social, cultural, educational) but does not have the same tax regime. Many churches operate with both structures side by side.
What did the law of August 24, 2021 change for religious associations?
It strengthened the obligations of religious associations: declaring religious-association status to the prefect, to be renewed every five years, stricter accounting obligations, and declaring funding from abroad above a threshold of €10,000. Check the exact procedures that apply to your situation with your federation or your prefecture.
What information should go in the membership list?
The minimum needed to send meeting notices and hold votes: surname, first name, contact details, date of joining, status (active member, supporter, former member) and possibly payment of the membership fee. Everything else must be justified by a specific purpose: the GDPR's data minimization principle applies in full.
Are the membership register and the record of processing the same thing?
No, and the confusion is common. The membership list is a tool for running the association. The record of processing is a document required by Article 30 of the GDPR, which describes your data processing: purpose, legal basis, retention periods, access. A church must keep both, and the second is mandatory even for a small organization because it handles sensitive data.
Can you refuse to hand over the membership list?
To a third party, yes — and you must: disclosing the list outside the association without the consent of the people concerned voids the exemption in Article 9(2)(d) of the GDPR. Internally, members' access to the list depends on your bylaws — set explicit rules to avoid a complete file being passed around by email.
This article is an educational summary written by the Ministeo team based on public texts (the GDPR, CNIL recommendations, French law on associations). It does not constitute legal advice: for a specific situation, contact your church federation, a lawyer or your association's data protection officer. Spotted an inaccuracy? Write to us: contact@ministeo.com.
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