E-newsletter  -  February 2019

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EU Law
France is preparing for a no-deal Brexit. Isn't it too late already?

Jean-Luc Soulier

In a previous article entitled “Brexit: Troubled negotiations failed. What next?, I mentioned the forthcoming adoption of several Ordinances in furtherance of the so-called Enabling Law of January 19, 2019 that authorized the French Government “to take measures by way of Ordinances to prepare for the United Kingdom's withdrawal from the European Union”. Since then, six Ordinances were signed between January 23 and February 13, 2019 which underline the urgency and the dangers of a no-deal Brexit, the consequences of which have not be sufficiently anticipated upstream.  

The fast-track procedure launched by the French Government even before the vote of the British Parliament that rejected the withdrawal agreement negotiated between the United Kingdom and the European Union made it possible to adopt within an extremely short timeframe these first Ordinances intended to address the consequences of a no-deal Brexit.

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Personal Data
Personal Data: Google gets fined

Laure Marolleau

On January 21, 2019, the Commission nationale de l’informatique et des libertés (French Data Protection Authority) fined Google LLC 50 million euros under EU Regulation known as the General Data Protection Regulation (“GDPR”) for lack of transparency, inadequate information and lack of valid consent as regards personalized advertisements.

This is the largest fine imposed in relation to the GDPR, the key text in the field of data protection, that came into force on May 25, 2018.

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Corporate Law
Cross-border transactions within the EU: Towards harmonized procedures and enhanced protection of stakeholders

Chems Idrissi

Published on April 25, 2018, Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions has the objective to “provide specific and comprehensive procedures for cross-border conversions, divisions and mergers to foster cross-border mobility in the EU while, at the same time, offering company stakeholders [i.e. employees, creditors and shareholders] adequate protection in order to safeguard the fairness of the Single Market.”

This article provides an overview of the contemplated procedures.

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Labor & Employment
Professional gender equality: Get your indicators, compare and publish!

Emilie Ducorps-Prouvost

In 2018, the French Ministry of Labor published the pay gaps between men and women: a 9% differential in wage and 25% at the end of the career. Yet, as per the famous principle “equal pay for equal work”, the employer is required to ensure equality of remuneration between employees of either gender, as long as the concerned employees are placed in identical situations.

Obviously, while an annual negotiation on professional gender equality has been mandatory in companies with more than 50 employees since January 1, 2012, the contemplated scheme has not yet fully come into effect.

Persistent gender inequalities have led the legislator to take action again by introducing for employers the obligation to publish indicators relating to gender pay gaps.

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Experts’ contributions
Top Tips for Incorporating a Private Company in Ireland

We are pleased to publish this month a contribution entitled Top Tips for Incorporating a Private Company in Ireland, authored by the Corporate Governance & Compliance team of the Irish law firm Mason Hayes & Curran.

There are many advantages to doing business in Ireland, including an attractive and stable corporate tax regime and a skilled workforce. While it is not essential, the most common vehicle for carrying on business in Ireland is through the incorporation of a company.

An application to incorporate a company is made to the Companies Registration Office (CRO), signed by the first director(s), first secretary and the first shareholder(s). This is usually processed by the CRO between five and twenty days of receipt, depending on the company type. Before submitting an application to incorporate a company, a number of matters should be considered.

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