Legal Insights

The conditions of detention, already well deteriorated due to the overcrowding that has been a constant feature of places of deprivation of liberty for several years, are necessarily and unfortunately adversely affected by the health situation created by the COVID-19 pandemic. How to implement social distancing, and more broadly, so-called “barrier gestures” (i.e. preventative measures that each individual should take to protect himself/herself and others against COVID-19) in places where the daily life is marked by the proximity between fellow inmates? It is impossible to do so.

Consequently, many requests for release from pretrial detention have been filed with the Liberty and Custody Judge. However, these requests for release have been dismissed. Following the upholding of a dismissal order, one inmate appealed to the Cour de Cassation (French Supreme Court). On August 19, 2020, the Criminal Chamber of the Cour de Cassation issued a ruling that confirmed the dismissal of the request for release.

The Commission Nationale de l’Informatique et des Libertés (French Data Protection authority or “CNIL”) has just imposed a penalty of 250,000 euros on Spartoo, a company specializing in the online sale of shoes. The CNIL noted several breaches of the GDPR, the general regulation on data protection which came into force on May 25, 2018.

This is the first penalty imposed by the CNIL as “lead supervisory authority” in cooperation with other EU supervisory authorities as the consumers (and their personal data) of Spartoo which is based in Grenoble extend beyond French borders.

The EU-US Privacy Shield, which allowed the transfer of personal data from the European Union to the United States in accordance with the GDPR, was invalidated by the Court of Justice of the European Union on July 16, 2020.

A look back at this decision and its impact on data transfers to the United States.

The French government immediately responded to the health crisis created by the outbreak of the COVID-19 pandemic through situational tools that helped companies quickly handle this exceptional worldwide crisis.
Together, these instruments have enabled many companies to swiftly adapt to the crisis. They also made it possible to maintain employment and, more generally, to protect businesses.

Does an employer who dismisses for serious misconduct an employee working as security consultant for a company providing security and defense services to governments, international non-governmental organizations or private companies, accusing him of wearing a beard that is “trimmed in a way that is intentionally meaningful in both religious and political terms”, infringe said employee’s freedom of religion?

The Cour de Cassation (French Supreme Court) was asked to address this issue and has expanded existing case-law in this area, by issuing on July 8, 2020 a ruling on the fundamental rights and freedoms of employees in the workplace. The Labor Chamber of the Cour de Cassation specifically considered that dismissal for serious misconduct based on such a ground was discriminatory.

The COVID-19 pandemic affect billions of people worldwide and has an increasingly devastating impact on the economy.

Companies are facing new challenges and the need for practical legal advice is more important than ever. Legal concerns relate to health restrictions, corporate governance, contracts, business transactions, insurance, insolvency and others.

In order to best assist our clients in these difficult times, we have prepared a summary of the main issues that businesses may face as a result of COVID-19.