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Published at 28 September 2018
Category : Labor & Employment
E-newsletter: September 2018
Digital technology has already changed working methods. With the advent of Artificial Intelligence (“AI”), we are just at the beginning of a unparallel transformation that will affect not only the labor and employment market but also working relationships. What does exactly mean AI’s impact on working relationships? When we say working relationships, it implies labor law. Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI in the workplace. The challenge is thus to identify avenues for adapting our labor and employment legislation in order to anticipate and smooth the transition to the new world. This article is the second part of a trilogy built around the lifetime of employment contracts: hiring / performance / termination. It is devoted to three issues connected with the performance of the employment contract: What tools can be used to ensure the continuing adaptation of employees to their jobs that are evolving with the development of AI, what is the impact of AI on the ways of organizing work within businesses, what is the impact of AI on employees’ working conditions?
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Published at 28 September 2018
Author : Anaëlle Idjeri
E-newsletter: September 2018
By a judgment dated August 7, 2018, the First Instance Court of Paris ruled on the illegal nature – under French Consumer law and the French Data Protection Act of January 6, 1978 – of several clauses included in the various versions of Twitter’s Terms of Use, Confidentiality Policy and Rules. Twitter was ordered to change all of its contractual documentation intended for French users and to make the entire judgment publicly available. Professionals are now warned: French consumer law provisions must be strictly considered when drafting their general terms of use and confidentiality policies.
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Published at 28 September 2018
Author : Isabelle Cottin
Category : Civil Procedure
E-newsletter: September 2018
Laid down by the Plenary Assembly of the Cour de Cassation in February 2009, the principle of estoppel ensures a consistency in litigants’ discussions before a court of law as it prohibits a party to contradicts itself at the expense of others. Since the beginning of the year 2018, the Cour de Cassation has delivered no less than seven decisions that further specify the nature and the scope of this principle under French law.
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Published at 30 August 2018
E-newsletter: August 2018
In a decision dated April 5, 2018, the Commercial Chamber of the Cour de Cassation (French Supreme court) confirmed that failure by a party to achieve the sales targets set forth in a contract does not alone suffice to justify the termination of an established business relationship without prior notice. The trial judges must indeed specify why failure to meet this obligation is likely to establish the existence of a breach that is sufficiently serious to justify the termination.
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Published at 30 August 2018
Author : Laure Marolleau
Category : Personal Data
E-newsletter: August 2018
250,000 euros. This is the amount of the fine imposed by the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority or “CNIL”) on Optical Center, a French company specialized in optics, for having failed to properly secure its website www.optical-center.fr. This is the first time that the CNIL imposes such a heavy fine. And this is not under the General Data Protection Regulation (“GDPR”) which provides that companies may be fined up to 20 million euros and 4% of their turnover.
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Published at 30 August 2018
Author : Flore Foyatier
E-newsletter: August 2018
To prevent the abusive and imminent enforcement of a first demand guarantee, Soulier AARPI, represented by Mrs. Catherine Nommick, Ms. Flore Foyatier and Ms. Isabelle Cottin, obtained in less than a week an injunction from the President of the Commercial Court of Paris who ordered the bank to suspend the payment of the funds under the guarantee pending a decision of the summary judge, and then, in less than a month, a decision of the summary judge who acknowledged that the request for enforcement of the guarantee was obviously abusive, and enjoined the bank not to grant such a request. This lawsuit – managed in a situation of urgency with a successful outcome – provides the opportunity to recall the circumstances and procedural means in/by which the request for enforcement of a first demand guarantee can be successfully challenged.
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Published at 30 August 2018
Category : Criminal Law
E-newsletter: August 2018
Since January 1, 2017, employers have the obligation to report to the competent authorities the identity of employees who commit certain types of road traffic offenses whilst driving a company car, failing which penalties will be applied. How is this new rule enforced in practice and what are the actual implications of this new obligation?
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Published at 29 June 2018
Category : Labor & Employment
E-newsletter: June 2018
Digital technology has already changed working methods. With the advent of Artificial Intelligence (“AI”), we are just at the beginning of a unparallel transformation that will affect not only the labor and employment market but also working relationships. What does exactly mean AI’s impact on working relationships? When we say working relationships, it implies labor law. Labor and employment law should be used as a legal tool to steer the obvious changes brought by AI in the workplace. The challenge is thus to identify avenues for adapting our labor and employment legislation in order to anticipate and smooth the transition to the new world. This article is the first part of a trilogy built around the lifetime of employment contracts: hiring / performance / termination. Apart from its general introduction, this first part is mainly dedicated to issues associated with the end/termination/breach of employment contracts: Indeed, the prevailing alarmist discourse is that IA will wipe out many jobs. Does our labor and employment legislation, as it currently stands, provide some safeguards against this unavoidable (according to some people) risk?
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Published at 29 June 2018
Category : International Law
E-newsletter: June 2018
Expanding internationally is most of the time critical for businesses wishing to break into other markets. However, international expansion is not without posing a number of risks, in particular legal and financial ones, that need to be identified and addressed upstream when designing the overall expansion strategy. While the choice of the most appropriate legal structure or export business model is essential, companies must also keep in mind other legal considerations. This article is a follow-up to the conference on “Successfully establishing a presence abroad: The legal and financial basics” organized by our Firm together with Banque Rhône-Alpes on May 31, 2018.
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Published at 29 June 2018
Author : Laure Marolleau
Category : Personal Data
E-newsletter: June 2018
Law n°2018-493 of June 20, 2018 on the protection of personal data was promulgated on June 20, 2018 and published in the Official Journal on June 21, 2018. The purpose of this new Law is to adapt Law n° 78-17 of January 6, 1978 on information technology, data files and liberties to UE law following the General Data Protection Regulation that entered into force on May 25, 2018 (a Regulation is binding in its entirety and directly applicable in all EU Member States) and Directive 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties (a Directive is binding on Member States as to the result to be achieved but leaves them the choice of the form and method) that ought to be transposed into domestic law by May 6, 2018.
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