Legal Insights

“France’s attractiveness improved further in 2018, despite the slowdown in global growth, economic tensions and rising protectionism”. This assessment, mentioned in the 2018 annual report on foreign investment in France issued by Business France (French Agency responsible for fostering export growth by French businesses and facilitating international investment in France) confirms France’s enhanced attractiveness in 2018.

Attractiveness, however, does not mean lack of control, provided that a simple and fast legal framework is offered to foreign investors.

The French Data Protection Authority has served a formal notice on EDF and Engie for non-compliance with some of the requirements for obtaining consent in relation to the collection of consumption data from Linky smart meters, as well as for an excessive retention period of such consumption data.

Both companies have three months to comply.

The French Anti-Corruption Agency, created by Law No. 2016-1691 of December 9, 2016 on transparency, fight against corruption and modernization of the economy, commonly referred to as the “Sapin II Law”, has recently supplemented its recommendations by issuing a best practice guide for M&A transactions.

On January 30, 2020, the Court of Appeals of Lyon acquitted Cardinal Philippe Barbarin, defended in particular by Mr. André Soulier, of the charge of failing to report abuses with regard to the sexual assaults and rapes committed by Mr. Father Bernard Preynat on boy scouts he supervised between 1972 and 1991.

In this high-profile case, the judges of the Court of Appeals decided to overturn the first-instance judgement handed down by the Criminal Court of Lyon which had convicted Philippe Barbarin. Probably less receptive to the emotional turmoil legitimately created by this case, the appellate judges based their decision primarily on the strict application of the rule of law.

Private equity involves the association of one or more entrepreneurs and one or more financial investors who provide financing to unlisted companies and even sometimes listed companies.

In private equity transactions, investors are expected to exit in the short or medium term. Several exit routes are available to capital investors: trade sale, transfer to the management team, sale to another investment fund or initial public offering.

As part of its action plan on targeted advertisement, the French Data Protection Authority (Commission Nationale de l’Informatique et des Libertés or “CNIL”) is proposing a consultation on a draft recommendation on practical procedures for collecting Internet user consent for the use of online trackers.

Following the guidelines recalling the legal provisions that govern the use of cookies and other trackers adopted on July 4, 2019, the CNIL conducted a consultation during the fall of 2019, in order to prepare a draft recommendation proposing operational procedures for obtaining consent. This draft is now subject to public consultation until February 25, 2020. At the end of this period, a final version of the recommendation will be presented for final adoption.