Strategic Lawering Paris Lyon Bruxelles

Articles from Anaëlle Idjeri

Published at 29 March 2019
Author : Anaëlle Idjeri
E-newsletter: March 2019
In the wake of the lengthy judgment by which it had ordered Twitter to amend almost all the clauses contained in its contractual documentation intended for French users – which we commented in an article entitled Unfair terms and personal data: Twitter sentenced by a French court – the Paris Court of First Instance ruled on February 12, 2019 on the validity of the clauses contained in Google's General Terms of Use and Privacy Policy. The combined reading of the thorough analysis made by the Court in this recent decision and in the previous decision concerning Twitter offers a valuable framework for identifying provisions that may be considered abusive or unlawful within the meaning of French consumer law and the legislation on the protection of personal data.
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Published at 29 December 2018
Author : Anaëlle Idjeri
E-newsletter: December 2018
Decree n°2018-1126 of December 11, 2018 on the protection of trade secrets adopted in furtherance of Law n°2018-670 of July 30, 2018 was published in the Official Journal of the French Republic on December 13, 2018. This eagerly awaited Decree further details the procedural aspects related to the protection of trade secrets and offers innovative and pragmatic solutions to maintain a balance between the various interests at stake throughout the procedure. The vast majority of the provisions set forth in the Decree entered into force on December 14, 2018.
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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 30 May 2018
Author : Anaëlle Idjeri
E-newsletter: May 2018
While it did not drastically alter the changes brought about by Ordinance n° 2016-131 of February 10, 2016, the Ratification Law n° 2018-287 of April 20, 2018 did modify some aspects of French contract law and introduced a distinction between substantive amendments that will become effective as from the entry into force of the Ratification Law, i.e. October 18, 2018, and so-called “interpretative” amendments that will apply retroactively to contracts entered into on and after October 1, 2016. This article provides a non-exhaustive overview of the provisions of the Ratification Law which have a practical implication on business law, in particular at the formation of the contract and throughout its performance.
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Published at 30 March 2018
Author : Anaëlle Idjeri
E-newsletter: March 2018
On March 6, 2018, the Grand Chamber of the Court of Justice of the European Union issued a judgment stating that the UNCITRAL arbitration clause included in a Bilateral Investment Treaty that establishes a mechanism for settling disputes between an investor and an EU Member State is incompatible with EU law.
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Published at 22 December 2017
Author : Anaëlle Idjeri
E-newsletter: December 2017
On the Internet, determining the location of a damage is particularly complex as such damage may occur in a multitude of places. In this context, the question arises as to what criterion should be applied to determine the court that is territorially competent to hear a tort claim seeking compensation for the damage resulting from a harmful event that occurred on the Internet. In a decision dated October 18, 2017, the First Civil Chamber of the Cour de Cassation (French Supreme Court) recalled that the mere fact that the French audience has access to a website broadcasting a video ad that infringes copyrights is sufficient to establish the jurisdiction of French courts.
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