Newsletter

The Cour de cassation revises the criteria of the State Immunities

On November 3, 2021, the Cour de cassation (French Supreme Court) handed down an important judgment chamber regarding State immunities.

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The European Court of Justice invalidates the 5th Anti-Money Laundering Directive

In this judgment of November 22, 2022, the Court invalidates the 5th Anti-Money Laundering Directive on the grounds that public access to such information constitutes "a serious interference with the fundamental rights to respect for private life and to the protection of personal data".

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The fight against online hate

On October 16, 2020, Samuel Paty, a college professor, was the subject of a smear campaign on social networks and then was murdered and beheaded. At the end of December…

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Abrupt termination of commercial relationships and arbitration

Article L442-1, II of the French commercial code sanctions abrupt termination of commercial relationships, i.e termination without or with too short prior notice. How is this mandatory disposition of French…

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Direct action against the insurer and enforceability of an arbitration clause

Are arbitration and jurisdiction clauses contained in insurance contracts enforceable against a third party which is acting directly against the insurer in third party liability insurances? See the contribution by…

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Insurance of business interruption and Covid 19

What is the current position under French insurance law regarding business interruption caused by Covid 19 governmental restrictions? See the contribution on this topic by Alexandre Malan in the international…

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Website and GDPR : actions to be implemented in order to be compliant

Do you have a website? You know that on this site several legal elements must appear in order to comply with the regulations on personal data? Do you know which…

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Processing of personal data by health professionals

The term “processing” does not have the same meaning in the medical field as it does in personal data regulations, yet healthcare professionals are required to process personal data, particularly…

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Rules to follow when collecting personal data on the Internet

The name, first name, email, etc. that a person indicates on his Linkedin, Facebook, Twitter or other is not public data. Public data is strictly defined and publicly available data…

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The Cnil imposes a fine of 2,250,000 euros on Carrefour France and 800,000 euros on Carrefour Banque

The Commission Nationale de l’Informatique et des Libertés (hereafter “CNIL”) has sanctioned the companies Carrefour France and Carrefour Banque for failure to comply with the obligations set forth in the…

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Rules to respect in the deposit and use of cookies

The Commission Nationale de l’Informatique et des Libertés (CNIL) considers that the website that uses a lot of cookies must be able to demonstrate at all times that it has…

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Non-compliance of the photobadges of several organizations with the GDPR

The President of the Commission Nationale de l’Informatique et des Libertés (CNIL) has given formal notice to several organizations that use a badge access control system to comply with the…

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The CNIL control charter

In August 2020, the Commission Nationale de l’Informatique et des Libertés (CNIL) published its charter of controls, in order to take stock of its control powers and ensure that they…

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The INPI’s IP Pass: financial assistance for the implementation of intellectual property actions

In order to stimulate innovations in intellectual property, the National Industrial Property Institute (INPI) supports companies,  through an IP Pass. The IP Pass allows these companies to benefit from support…

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Insurance in France

Insurance acting in FOS (Freedom of Service) under the (Directive 2016/97 of 20 January 2016 on insurance distribution)are subject to the control of the authorities of their country of origin,…

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Insurance and jurisdiction clauses

Insurers are often imposed by local procedural regulation to litigate in certain forum. This is in particular the case when the insurance is contracted by consumers : in order to…

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ECJ judges that BIT are not applicable between EU States

Achmea, 6 March 2018 In an important judgment dated 6 March 2018, the ECJ has ruled on an eagerly awaited issue. The difficulty came from claims under bilateral investment protection…

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The end of “European passport” for UK companies ?

BREXIT is not a meaningless word: it also means “exit” for British companies, which will not benefit from the “passport” enabling them to sell goods and services in the EU…

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The announced end of “passporting” in the insurance and insurance broking sector

“Passporting“, provided for by the Directive 2009/138, enables insurance companies, once authorized by their regulator of origin, to conclude policies in any European country. The passport is “the faculty for…

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Headquarters fictivity and fraud

The French case law regarding company private international law is “overcome by doubt“. The judgments Artifax Trading (Commercial Chamber, 21 October 2014) and Protesic (Criminal Chamber, 25 June 2014), commented…

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