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1 January 2012

A look back at the key corporate law developments In 2011

French corporate law has been substantially amended in 2011 following the enactment of the Law n°2011-525 of May 17, 2011 for the Simplification and Improvement of the Quality of Law (the “Law”). In our February 2011 e-newsletter, we outlined the main contemplated measures – that were still being discussed at that time – and underlined […]

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1 December 2011

In recent case law, employers’ obligation de resultat with regards to work safety exposes companies to growing daily risks

This year was marked by several landmark decisions relating to employers’ obligation to guarantee the safety of their employees. Companies are therefore more and more susceptible to being held liable in this regards, and the Cour de cassation (France’s highest court) is stricter in its approach regarding the scope of the obligations imposed on companies. […]

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1 December 2011

Trademark law and the internet: use of competitor’s trademark in the context of a paid referencing service

Trademark law and business law must permanently evolve and address new practices that emerge from the development of the Internet. It is indeed necessary to strike the appropriate balance between the interests of companies wishing to protect themselves against unfair business practices and to protect their trademark(s) and the necessity to guarantee free market competition. […]

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1 December 2011

Companies: be careful when using the geolocation technology as a tool to monitor the working time of your itinerant employees

More and more companies use systems and devices enabling the geolocation of their employees. To address this issue, the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter the “CNIL”) adopted as early as in 2006 a recommendation relating more specifically to the implementation of devices designed to track motor vehicles (Deliberation […]

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1 November 2011

Physical Strain in the workplace

A CONCEPT TO BE TAKEN INTO ACCOUNT BY COMPANIES IN THEIR PREVENTION POLICY AND A SPECIFIC OBLIGATION TO BE COMPLIED WITH BY CERTAIN COMPANIES BEFORE JANUARY 1, 2012 The concept of physical strain at work (or physical strain in the workplace) became an important issue in the French labor and employment landscape during the debates […]

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1 October 2011

Unfair capture of personal data by Les Pages Jaunes

In a deliberation dated September 21, 2011, the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter the “CNIL”) issued a warning against the company LES PAGES JAUNES for having captured data contained in several profiles posted on social media websites, without of the knowledge of the data subjects. In March 2010, […]

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