E-newsletter  -  June 2018

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Labor & Employment
Labor law and the challenges of Artificial Intelligence : 1st part of a trilogy

Emilie Ducorps-Prouvost

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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International Law
Main legal issues in international business expansion

Catherine Nommick

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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Personal Data
France adopts a new Data Protection Act

Laure Marolleau

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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Commercial law
Examination of the Bill transposing EU Directive on trade secrets

Isabelle Cottin

Two years after the adoption of the so-called Trade Secrets Directive, the Bill endorsed by the Joint Committee (i.e. a legislative committee composed of an equal number of members from the Senate and the National Assembly) on March 24, 2018 was finally passed by Parliament on June 21, 2018.

This article provides insights on the three chapters of the Bill: Scope and conditions of application, measures to prevent, put an end to, and obtain redress in case of infringement of a trade secret, and general provisions to protect trade secrets before civil and commercial courts.

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Experts’ contributions
Welcome to the Magic Kingdom: Start-ups and Investment in Technology and Innovation in Saudi Arabia

We are pleased to publish this month a contribution entitled Welcome to the Magic Kingdom: Start-ups and Investment in Technology and Innovation in Saudi Arabia, authored by Elye Parata, associate at the law firm Al Tamimi & Company.

The Kingdom of Saudi Arabia is currently going through major social and economic reforms as part of Saudi Vision 2030 and the associated National Transformation Programme. The Saudi Arabian government is introducing a number of laws and policy changes aimed at simplifying business and increasing foreign investment in the Kingdom.

Technological innovation is a particular area of focus. Recent media reports mention global names such as Google and Snap as being particularly interested in opportunities in Saudi Arabia. Meanwhile, the Kingdom is keen to harness the benefits that technological innovation can bring to areas as diverse as education, de-salination and power distribution. With advanced technological centres (such as the King Abdulaziz City for Science and Technology (‘KACST’)) and plans for NEOM – a five hundred billion US dollar technology-focused mega city – the potential for businesses operating in the areas of technology and innovation will continue to grow.

This contribution looks at some key issues associated with setting-up in Saudi Arabia – whether you are a local start-up with a great mobile app idea, or a major global tech company looking to get in on the action.

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