Cookies and trackers: Are your websites and mobile apps compliant?

Laure Marolleau, esq.

When visiting a website or using mobile apps, users must be informed and give their consent before cookies or other trackers are deposited or read, unless these trackers benefit from one of the exemptions provided for by law.

Following the publication of its guidelines and recommendation on October 1, 2020, the French Data Protection Authority has given until March 31, 2021 to bring websites and mobile apps into compliance with the new rules.

Special jurisdiction under Article 35 of the Brussels I recast Regulation vs. preparatory inquiries under Article 145 of the French Code of Civil Procedure

Sophie Hosri, Esq.

Pursuant to Article 35 of the Brussels I recast Regulation, the local judge may order provisional or protective measures, even though another judge has been given – or has accepted – jurisdiction to rule on the merits of the case, in particular under the terms of a jurisdiction clause.

In a decision handed down on January 27, 2021, the Court de Cassation (French Supreme Court) ruled on the French judge’s power to order preparatory inquiries in futurum (literally for the future) and aligned its position with the autonomous notion of “provisional, including protective, measures” provided for by European Law.

COVID-19: New extension of the rules governing meetings and deliberations of shareholders and governing bodies

Sophia El Makhoukhi, Esq.

Ordinance No. 2020-321 of March 25, 2020 adopted in furtherance of Law No. 2020-290 of March 23, 2020 has adapted the rules governing the holding and deliberations of meetings of shareholders and meetings of governing bodies of private law businesses and entities without legal personality to deal with the Covid19 pandemic.

Decree No. 2021-255 of March 9, 2021 extends until July 31, 2021 the application of the rules derived from said Ordinance and its Implementing Decree No. 2020-418 of April 10, 2020.

The entry into force of Decree No. 2021-255 is a good opportunity to review the various changes that have occurred since our last article on the subject published on our Blog on September 29, 2020.

This article is also available in our COVID-19 Information Center.

Firm news

Fabien Pomart co-led a videoconference on March 11 on “How to anticipate and manage psycho-social risks related to telework?” organized jointly by the European American Chamber of Commerce Paris and the European American Chamber of Commerce Auvergne Rhone Alps as part of the "HR TALKS" series.

Publication

El deber de revelación y la independencia del árbitro: Primeras contribuciones de la Sala de Comercio Internacional del Tribunal de Apelación de París (Sentencia de la Cour d’appel de París (CCIP) de 25 febrero 2020)

Article authored by Anaëlle idjeri in the publication La Ley Mediación y Arbitraje (January-March 2021 edition, n°05).

This article is a slightly enhanced version of the article entitled Arbitrators’ duty to disclose and independence: First clarifications by the International Commercial Chamber of the Paris Court of Appeals published on our Blog in May 2020.

“Contributor Most Read in France, February 2021” Award

We are pleased to announce that our Firm has received the “Contributor Most Read in France, February 2021” award from Mondaq, one of the largest global online advisory content suppliers with more than one million registered users.

International Perspective: New Peruvian Merger Control Complementary Regulations

This month, we are pleased to feature a contribution entitled New Peruvian Merger Control Complementary Regulations authored by Carlos A. Patrón, Partner, David Kuroiwa, Julia Loret de Mola and Giancarlo Baella, Principal Associates at the Peruvian law firm Payet, Rey, Cauvi, Pérez Abogados.

The Peruvian Government approved through Supreme Decree N° 039-2021-PCM the Regulation of Law No. 31112 ("Regulation"), which establishes the prior control of business concentration operations. The Regulation was published in the Official Gazette El Peruano on March 4, 2021.

Subject to the adaptation of the Regulation of the Organization and Functions Law of the National Institute for the Defense of Competition and Protection of Intellectual Property (“INDECOPI”) and other complementary instruments, it is possible that Law No. 31112, which establishes the prior control of business concentration operations, and the Regulation will enter into force in the first half of April 2021.