E-newsletter  -  March 2018

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Personal Data
GDPR: How to ensure compliance by May 25, 2018?

Laure Marolleau

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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Departure from existing case-law: The limitation of liability clause survives the rescission of a contract

Stéphanie Yavordios

In a decision dated February 7, 2018, the Cour de Cassation (French Supreme Court) overturned existing case-law by holding that the limitation of liability clause survives the rescission of a sale transaction despite the retroactive cancellation of the sale contract.

By ruling so, the Cour de Cassation aligned its case-law with the new provisions introduced in the French Civil Code as a result of the reform of French contract law that came into force on October 1, 2016. Indeed, according to some of these new provisions, certain contractual clauses survive even in case of rescission of the underlying contract. This decision of the Cour de Cassation also provides the opportunity to go back over these new provisions.

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Labor & Employment
The Macron Ordinances also aim at reducing the number of employer-employee disputes brought to court

Sara Bellahouel

The interests of companies undoubtedly lie at the heart of the reform of the French Labor Code introduced by the so-called Macron Ordinances of September 22, 2017. Driven by the concept of “flexicurity”, the objective of the Government was to give more freedom and security to both companies and employees.

In this context, how to offer companies a more secure framework whereas French labor law is internationally known for its complexity, its rigidity and its large corpus of rules? One of the solutions adopted by the Government is to help better assess a risk so feared by French and foreign businesses: The litigation risk.

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Dispute Resolution
The arbitration clause included in a Bilateral Investment Treaty concluded between two Members States is incompatible with EU law

Anaëlle Idjeri

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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Roundtable - Hashtag #balancetonporc: Decrypting a puzzling societal phenomenon – A legal perspective

Our Firm will be organizing a roundtable on the following theme: Hashtag #balancetonporc: Decrypting a puzzling societal phenomenon – A legal perspective (#balancetonporc is the French equivalent of #MeToo) on April 25, 2017, from 06:30 pm to 08:00 pm, at our Lyon offices.

During this roundtable, André Soulier, Flore Foyatier and Justine Cheytion will in particular discuss the following topics: Defamation and freedom of speech on social networks and protection of victims of sexual offences.

The roundtable will be held in French and will be followed by a cocktail reception.

Read the program and register

What do artificial intelligences dream about?

Emilie Ducorps-Prouvost and Chems Idrissi will participate in the launch of a series of conferences on “What do artificial intelligences dream about?” that will take place from April 23 to May 8, 2018 under the auspices of Pop’Sciences – University of Lyon.

Emilie Ducorps-Prouvost will serve as a panelist during the “Faced with artificial intelligences, should work be saved?” conference organized by Pop’Sciences – University of Lyon in collaboration with Mouvement Up on April 23, 2018 at 07:00 pm at the University of Lyon.

More information on the “What do artificial intelligences dream about?” series of conferences (in French)

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