Ordinance No. 2021-1247 published on September 29, 2021 transposes into French consumer law European Directives (EU) 2019/770 and (EU) 2019/771 of May 20, 2019 and introduces a new legal guarantee of conformity specific to digital contents and services.
The new provisions will apply as from January 1, 2022.
The French Competition Authority published on July 30, 2021 a notice on the method for determining fines in relation to anticompetitive practices, which repeals and replaces the previous notice dated May 16, 2011.
This new notice, based on case law and the decisions rendered by the French Competition Authority in the last ten years, draws the consequences of the transposition of the ECN+ Directive aimed at increasing the effectiveness of competition rules within the European Union.
For several months now, ransomware cyberattacks have been on the rise. Recent attacks echoed by the media show that all types of organizations, whether private or public, can be affected, whatever their size.
In this context, this article offers a reminder of the best practices to implement in order to limit the risks and to know how to react effectively in case of an attack.
On March 17, 2021, the European Commission presented a proposal for a regulation to create a digital green certificate to facilitate free movement within the European Union in the current context of the COVID-19 pandemic.
This contemplated digital tool was discussed in a joint opinion from the European Data Protection Board and the European Data Protection Supervisor dated March 31, 2021, published on April 6, 2021.
In a deliberation No. 2021-006 issued on January 19, 2021, the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter the “CNIL”) gave its opinion on a draft Decree aimed at strengthening the system for tracing the chains of COVID-19 transmission, known as the “Contact Covid” information system, as part of the French Government’s strategy to fight against the spread of the virus.
This article outlines the CNIL’s main observations and recommendations which aim at maintaining the protection of often sensitive personal data while the draft Decree foresees a considerable and substantial extension of the information collected.
In a decision dated September 16, 2020, the Cour de Cassation (French Supreme Court) ruled on the conformity of California law with French international procedural public policy. By the combined application of several California procedural rules, a French defendant had been deprived of a remedy. The Cour de Cassation, asked to rule in the context of the procedure for the recognition and enforcements of the American judgment, nevertheless considered that there was no violation of French international public policy.
Analysis of a decision with surprising implications.
Strategic Lawyering