E-newsletter  -  March 2019

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Business Law
Disparagement: Freedom of expression must be further taken into account

Stéphanie Yavordios

In a recent decision, the Commercial Chamber of the Cour de Cassation (French Supreme Court) has qualified the conditions for the application of disparagement by incorporating the right to freedom of expression in its reasoning.

This case-law development is not neutral for economic players likely to be confronted with situations of disparagement in the conduct of their business operations, particularly in case of unfair competition disputes.

This decision provides an opportunity to revisit the notion of disparagement and its application by French courts in recent years.

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Labor & Employment
Uber drivers are employees according to the Paris Court of Appeals!

Sara Bellahouel

Message received loud and clear by the Paris Court of Appeals!

In line with the highly noted decision issued on November 28, 2018 by the Labor Chamber of the Cour de Cassation (French Supreme court) which, as we commented in December 2018, sent a strong signal to the lower courts by recognizing the reclassification of the agreement between a deliverer and a digital platform as an employment contract, the Paris Court of Appeals held for the first time that the contract binding Uber to one of its drivers ought to be analyzed as an employment contract.

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Consumer Law
Abusive terms and personal data: Google sentenced in France

Anaëlle Idjeri

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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Business Law
Exclusion of shareholders: The French Supreme Court endorses a by-laws provision that excludes the vote of the excluded shareholder

Emilie Yildiz

There are many legal cases and court decisions concerning the exclusion of shareholders because disputes between shareholders are frequent and the exclusion sensitive to implement practice.

While judges ensure strict compliance with the terms and conditions that govern the exclusion of shareholders, some legal tricks do enable to circumvent the inflexibility of the rules of law.

This is the case in a decision handed down on October 24, 2018 by the Cour de Cassation (French Supreme Court) in which it approved a by-laws provision that deprived the shareholder whose exclusion was contemplated of his right to participate in the decision and to cast a vote on the exclusion resolution.

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Breakfast conference: “GDPR, one year on: What controls for what penalties?”

The European General Data Protection Regulation (GDPR) has been in force throughout the European Union since May 25, 2018.

Since that date, bodies and organizations that process personal data are supposed to be in compliance with this Regulation.

Breaches of this Regulation, investigated by the CNIL (French Data Protection Authority) who has been granted extended powers, may result in penalties of up to 4% of the annual turnover.

Almost a year after the entry into force of the GDPR, our firm is organizing, together with Magellan Consulting, a consulting firm in strategy, management and information systems specializing in the digital transformation of companies, two breakfast-conferences on the theme ““GDPR, one year on: What controls for what penalties?” that will be held in May 2019 at our offices in Paris and Lyon.

Download the invitation and register for the breakfast conference in Paris

Download the invitation and register for the breakfast conference in Lyon

“Contributor Most Read in France, February 2019” Award

We are pleased to announce that our Firm has received the “Contributor Most Read in France, February 2019” award from Mondaq, one of the largest global online advisory content suppliers.

Every month, Mondaq analyses its usage logs and identifies which contributors and which articles were most accessed for that calendar month.

Experts’ contributions
GDPR and Canada’s Privacy Regime: What Are the Differences?

We are pleased to publish this month a contribution entitled GDPR and Canada’s Privacy Regime: What Are the Differences?, authored by Caroline Deschênes, partner, and Pascal Archambault, lawyer, within the Canadian law firm Langlois avocats.

Since its implementation on May 25, 2019, the European Union’s General Data Protection Regulation (the “GDPR”) has become one of the primary references in matters of privacy protection and digital trust.

While it is true that an adequacy decision rendered by the European Commission recognizes that Canada’s Personal Information and Electronic Documents Act (“PIPEDA”) ensures an “adequate” level of protection of personal data, it was rendered pursuant to EU Data Protection Directive 95/46/EC, which has since been replaced by the GDPR.

There are now significant differences between the two privacy protection regimes. Consequently, Canadian organizations subject to the GDPR can no longer assume they are complying with the GDPR merely because they are complying with the rules and principles laid down in PIPEDA. The inverse is also true for EU organizations doing or seeking to do business in Canada.

This contribution is intended to provide a practical summary of some of the most important differences between the two regimes.

Read the contribution

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