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Compliance & Regulatory

9 September 2021 | Laure Marolleau

French Data Protection Authority imposes a 1.75 million fine on AG2R LA MONDIALE

The French Data Protection Authority imposed on AG2R LA MONDIALE a 1.75 million euros fine for failing to comply with the obligations under the General Data Protection Regulation regarding data retention periods and information to be provided to individuals.

Two breaches were mainly highlighted: an excessive retention period for personal data and a lack of information provided to people during telemarketing calls by subcontractors.

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29 April 2021 | Sophie Hosri

Infographic on the key figures of the audit activities of the French Anticorruption Agency published in its 2020 annual report

The French Anticorruption Agency (Agence Française Anticorruption, hereinafter “AFA”) published its 2020 annual report in March 2021.

This provides the opportunity to review the key figures of its audit activities in one infographic, four years after its creation by the Law of December 9, 2016 on transparency, fight against corruption and modernization of economic life, known as the “Sapin II” Law.

While these figures help us identify a trend concerning the types of audits carried out and the entities concerned, the AFA could in the future extend these audits by deciding to subject more companies to the compliance scheme, as it seems to envisage in its latest guidelines.

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16 April 2021 | Anaëlle Idjeri

CSR: The subcontractor’s failure to comply with the client’s code of ethics justifies the immediate termination of the business relationships with the supplier

Almost ten years after the Rana Plaza scandal and while many voices are being raised about human rights violations in the textile industry, the Paris Court of Appeals has recently issued a particularly interesting ruling combining corporate social responsibility and sudden termination of established business relationships.

Specifically, on March 24, 2021, it held that if a supplier fails to ensure that its subcontractors comply with its client’s code of ethics, the immediate termination of the business relationships cannot be considered as sudden within the meaning of Article L. 442-6 I §5 of the French Commercial Code.

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11 March 2021 | Laure Marolleau

Cookies and trackers: Are your websites and mobile apps compliant?

When visiting a website or using mobile apps, users must be informed and give their consent before cookies or other trackers are deposited or read, unless these trackers benefit from one of the exemptions provided for by law.

Following the publication of its guidelines and recommendation on October 1, 2020, the French Data Protection Authority has given until March 31, 2021 to bring websites and mobile apps into compliance with the new rules.

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26 February 2021 | Catherine Nommick

Transfer of criminal liability in merger transactions: A major reversal of case law

In a fully reasoned ruling dated November 25, 2020, the Criminal Chamber of the Cour de Cassation (French Supreme Court) has reversed a case law that had been established for more than twenty years in “merger by acquisition” transactions (i.e., when a company is merged into another): The acquiring company may now, under certain conditions, be held criminally liable for an offence committed by the acquired company prior to the merger and for which it had not been convicted.

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