Insights into specificities of the transfer of e-businesses under French law

Florence Grangerat, Esq.

In today’s digital age, transfers of websites, in particular merchant websites, are on the rise.

The question of the legal nature of this type of transfer was of course raised. In this respect, the recognition of the existence of an e-business and, consequently, the application of the formalities relating to the transfer of “classic” businesses to this type of transfer are no longer a matter of debate.

However, some specificities relating to the transfer of e-businesses should be dealt with cautiously, in particular with regard to the items to be transferred and the protection of personal data.

French Administrative Supreme Court cancels the operating license for the Gardanne biomass plant

Laure Marolleau, Esq.

In a ruling issued handed down on March 27, 2023, the Conseil d’Etat (French Administrative Supreme Court) upheld the cancellation of the operating license for the Gardanne biomass plant located in the municipalities of Meyreuil and Gardanne, in the Bouches-du-Rhône region, which had been ordered by the Marseille Administrative Court on June 8, 2017.

The Conseil d’Etat based its decision on the fact that the impact study had failed to analyze the environmental effects of the plant’s wood supply process.

Entry into force of the presumption of resignation in case of job abandonment

Matthieu Blaschczyk, Esq.

Whereas previously the abandonment of a job by an employee could constitute a misconduct that justified a dismissal, the so-called Labor Market Law has introduced a presumption of resignation when an employee voluntarily abandons his/her job, in order to limit the use of this practice by employees.

Compliance Task force: A comparative analysis of the fight against organized economic crime in France and the USA

The second session of the Compliance Task Force created by the European American Chamber of Commerce Auvergne Rhone-Alps (EACC) in partnership with Soulier Avocats will be held on June 8, 2023.

This session will focus on exchanges and cross perspectives on the fight against economic and financial offences (corruption, fraud, money laundering, etc.), applicable sanctions and negotiated plea agreements in the United States and France.

Aymeric Dumoulin, Esq., member of New York Bar, specialized in compliance and internal investigations, trade controls, US/EU sanctions, anti-corruption and anti-money laundering, will share his expertise and his comparative analysis between France and the United States. He will address the subject in a concrete manner, notably through the implementation of internal investigations and negotiated plea agreements.

This session will be led by our Counsel Claire Filliatre, Esq., Member of the Compliance Committee of the Lyon Bar and Chair of the “Private Business Ethics” sub-committee of the Compliance Committee.

Soulier Avocats recommended by the Legal 500 EMEA 2023-2024

We are pleased to announce that, for the sixth year in a row, our firm is recommended by the Legal 500 Europe, Middle East and Africa in the “Environment” practice area, and that our Counsel Laure Marolleau is again recognized as “Next Generation Partner” in this area.

Warmest thanks to our clients, partners and teams!

International Perpsective -  A Practical Guide: How to make China’s SCC work for your business

This month, we are pleased to feature a contribution entitled A Practical Guide: How to make China’s SCC work for your business, authored by Peng Cai, Partner at leading Chinese law firm Zhong Lun.

Article 38 of the Personal Information Protection Law stipulates four compliance paths for cross-border transfer of personal information, namely: (1) passing the security assessment organized by the Cyberspace Administration of China (the “CAC”); (2) obtaining the protection certification by a specialized agency; (3) entering into a standard contract formulated by the CAC; and (4) meeting other conditions set forth by laws and administrative regulations and by the CAC.

On 24 February 2023, the CAC issued the Measures for Standard Contract for Cross-border Transfer of Personal Information, which officially announced the implementation of the third path of the “four paths” for cross-border transfer of personal information.

This article analyses the key elements of the Standard Contract for Cross-border Transfer of Personal Information, with the aim of assisting relevant enterprises in carrying out compliance work on cross-border data transfer.