The Paris Court of Appeals confirms that COVID-19 is to be considered as a force majeure event

Anaëlle Idjeri, Esq.

On July 28, 2020, the Paris Court of Appeals ruled on the dispute between EDF and Total Direct Energie concerning the suspension by Total Direct Energie of the framework agreement for the purchase of nuclear electricity that they had entered into, due to the Covid-19 pandemic.

The Court of Appeals upheld the interim order issued by the Paris Commercial Court on May 20, 2020 and found that the Covid-19 pandemic constitutes a force majeure event justifying the suspension by Total Direct Energie of the framework agreement as soon as this event occurred.

International data transfers to the USA: The Privacy Shield invalidated by the CJEU

Pauline Kubat, Esq.

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.

COVID-19: Optimizing the long-term management of the crisis thanks to the collective performance agreement

Fabien Pomart, Esq.

The French government immediately responded to the health crisis created by the outbreak of the COVID-19 pandemic through situational tools allowing companies to quickly face this exceptional worldwide disaster.

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.

While these measures have been put in place and the most tumultuous period of the crisis seems behind us, companies must nevertheless think about finding more sustainable solutions by seeking to best adapt their organization and the use of their workforce. This is where the implementation of a collective performance agreement can be considered.

The French Data Protection Authority imposes a 250,000 euros fine on Spartoo

Laure Marolleau, Esq.

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.

Employees’ freedom of religion and ban on wearing a beard

Charlotte Desfontaines, Esq.

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.

Awards

We are pleased to announce that our Firm has received the following awards from Mondaq, one of the largest global online advisory content suppliers:

“Contributor Most Read in France, July 2020” Award.

“Contributor Most Read in France, June 2020” Award.

Every month, Mondaq publishes thousands of articles by legal professionals from over 80 countries around the world and analyses its usage logs to identify which contributors and which articles were most accessed for that calendar month.

COVID-19

All of our publications on COVID-19 and on the steps and measures taken by the French government to support jobs and help businesses are available in our COVID-19 Information Center.

At the international level, the World Law Group, a network of 59 leading independent law firms with more than 400 offices in major commercial centers worldwide, to which our Firm belongs, has set up a Global COVID-19 Resource Center centralizing all the articles and insights of its members on the local impact of COVID-19 and the measures to support businesses adopted by the various countries where World Law Group member firms are present.