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Articles from Laure Marolleau

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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Published at 30 March 2018
Author : Laure Marolleau
Category : Personal Data
E-newsletter: March 2018
The EU General Data Protection Regulation will take effect on May 25, 2018. Companies must take steps to ensure an enhanced protection of personal data, failing which they will face heavy fines of up to 4% of their annual turnover. The GDPR – that includes 99 articles and 173 recitals – combines both legal and technical provisions that promote an accountability approach. What are the key practical implications for businesses?
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Published at 30 January 2018
Author : Laure Marolleau
Category : Personal Data
E-newsletter: January 2018
In a deliberation dated January 8; 2018, the Commission Nationale de l'Informatique et des Libertés (French Data Protection Authority or “CNIL”) imposed a 100,000 euros fine on Darty (a leader in the retail of entertainment and leisure products, consumer electronics and household appliances) for not having sufficiently secured the data of its customers who had made online requests for after-sale services. The sanction imposed by the CNIL serves as a warning to companies which must comply with the General Data Protection Regulation that will enter into force on May 25, 2018.
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Published at 26 December 2016
Author : Laure Marolleau
E-newsletter: December 2016
Can legal privilege under US law prevent the enforcement of a preparatory inquiry in futurum (literally for the future) ordered in France? Under French law, preparatory inquiries in futurum are designed to establish or preserve evidence, most of the time in connection with a future trial. Their implementation may be hindered by several barriers, including business secrecy, professional secrecy, employees’ right to privacy, or else the interference with the specific procedure called saisie-contrefaçon (i.e. search and seizure to document and establish infringements of IP rights). In a decision issued on November 3, 2016, the Cour de Cassation (French Supreme Court) ruled on the tricky issue of how to accommodate the protection of professional secrecy and the right to evidence in an international context.
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Published at 28 June 2016
Author : Laure Marolleau
Category : Personal Data
E-newsletter: June 2016
The very much expected Regulation n°2016/679 of the European parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (also known as “General Data Protection Regulation” or “GDPR”) has just been published on the Official Journal of the European Union (OJ, L 119, May 4, 2016). Based on a proposal from the European Commission of January 25, 2012, this Regulation jointly adopted by the European Parliament and the Council repeals Directive 95/46/EC and provides for a general and unique framework for the data protection in Europe. In this article (Part II; Part I published last month), we propose to identify the most important innovations in this Regulation.
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Published at 30 May 2016
Author : Laure Marolleau
Category : Personal Data
E-newsletter: May 2016
The very much expected Regulation n°2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (also known as “General Data Protection Regulation” or “GDPR”) has just been published on the Official Journal of the European Union (OJ, L 119, May 4, 2016). Based on a proposal from the European Commission of January 25, 2012, this Regulation jointly adopted by the European Parliament and the Council repeals Directive 95/46/EC and provides for a general and unique framework for the data protection in Europe. In this article (Part I; Part II to be published next month), we propose to identify the most important innovations in this Regulation.
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Published at 31 March 2016
Author : Laure Marolleau
E-newsletter: March 2016
Is it possible to set aside the application of the provisions set forth in Article L. 441-6 of the French Commercial Code that limits payment terms in contracts for the international sale of goods entered into between French suppliers and foreign clients (based in one of the EU Member States) when such contract is governed by the law and subject to the jurisdiction of a court of the State where the clients are established? In such a case, is it possible for the French administrative authorities to sue the contractual parties before a French court on the basis of the provisions of the French Commercial Code? These were the questions asked to the Commission d’examen des pratiques commerciales (Commercial Practices Review Committee, hereinafter the “CEPC”) by a lawyer in a letter dated December 10, 2013 and to which it provided some answers in its opinion n°16-1 issued on January 14, 2016 .
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Published at 29 October 2015
Author : Laure Marolleau
E-newsletter: October 2015
Unilateral (or asymmetrical) jurisdiction clauses may vary in form and nature. However, such clauses always provide for an option to only one of the parties allowing it to choose the court that will be competent in case of a dispute. The validity of such unilateral jurisdiction clauses has been brought into question by several jurisdictions, starting with the Cour de Cassation (French Supreme Court). In its eBizcuss decision dated October 7, 2015 , the Cour de Cassation has provided an answer to the following question: Can a jurisdiction clause allow/enable one of the parties to bring its claims before a court other than the court it designates?
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Published at 26 August 2015
Category : Dispute Resolution
E-newsletter: July / August 2015
Arbitration has become the most usual alternative dispute resolution method for international disputes, in particular in the field of international trade. In the world, the most important arbitration body in this area is indisputably the International Court of Arbitration of the International Chamber of Commerce (“ICC”), located in Paris. In China, the most important arbitration body is the China International Economic and Trade Arbitration Commission (“CIETAC”). As the expansion of international trade and investment introduces additional complexity to the business relationships between the various economic operators around the world, arbitration rules should improve the administration of cases, provide for a more transparent and predictable resolution of disputes, and meet the needs for interim and protective measures. This is the context surrounding the adoption of new rules of arbitration by the ICC in 2012 (“ICC Rules”) and by the CIETAC in 2015 (“CIETAC Rules”). It is interesting to note that there is a convergence, if not a similarity, between the amendments made to each of these two sets of rules.
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Published at 28 April 2015
Category : Dispute Resolution
E-newsletter: April 2015
Pursuant to a Decree dated March 11, 2015 relating to the simplification of civil procedure, electronic communications and amicable dispute resolution, any and all summons must, since April 1, 2015, specify the steps taken by the parties to attempt to amicably settle their dispute. Yet, in France like in China, the effectiveness of alternative dispute resolution clauses included by the parties in their contracts remains often uncertain.
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