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E-newsletter  -  May 2018

 
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GDPR

Dear readers of our monthly e-newsletter,

Given the many emails that we all received, it is impossible to ignore that the General Data Protection Regulation (“GDPR”) came into force on Friday May 25, 2018.

This Regulation imposes a number of new obligations, in particular with respect to the protection of personal data (for more information on the changes brought about by the GDPR, we invite you to read the article entitled “GDPR: How to ensure compliance by May 25, 2018?” published on our Blog).

Our monthly e-newsletter is merely designed to keep you informed of the latest French law developments and, as such, we have no obligation to ask your consent to continue sending it.

However, you can unsubscribe at any time by clicking on the link that appears at the bottom of each of our communications or by sending us an email at privacy@soulier-avocats.com.

Thank you for your confidence and for your support.




Civil Law
Reform of French contract law – Ratification Law published on April 21, 2018: General Presentation

Flore Foyatier

Ordinance n°2016-131 of February 10, 2016 for the reform of contract law, the general regime of obligations and proof of obligations came into force on October 1, 2016. This reform was primarily aimed at codifying established and settled case-law principles but it also introduced new legal concepts and obligations.

Law n° 2018-287 dated April 20, 2018 – which ratifies the aforementioned Ordinance – was published in the Official Journal on April 21, 2018. This Law does not only ratify the February 10, 2016 Ordinance. It also brings about a number of changes. Some of them are quite significant, others without any real impact. Most of these changes will become effective on October 1, 2018 but some others will apply retroactively as from October 1, 2016.


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Business Law
Reform of French contract law – Ratification Law published on April 21, 2018: Main changes impacting business law

Anaëlle Idjeri

While it did not drastically alter the changes brought about by Ordinance n° 2016-131 of February 10, 2016, the Ratification Law n° 2018-287 of April 20, 2018 did modify some aspects of French contract law and introduced a distinction between substantive amendments that will become effective as from the entry into force of the Ratification Law, i.e. October 18, 2018, and so-called “interpretative” amendments that will apply retroactively to contracts entered into on and after October 1, 2016.

This article provides a non-exhaustive overview of the provisions of the Ratification Law which have a practical implication on business law, in particular at the formation of the contract and throughout its performance.


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Corporate Law
Identification of beneficial owners: Publication of the Decree implementing Ordinance n°2016-1335 of December 1, 2016 that strengthens French rules against money laundering and terrorist financing

Chems Idrissi

Unlisted companies and legal entities required to be incorporated with the Register of Trade and Companies (RCS) and headquartered in France (in particular branches of foreign corporations established in France) have recently come under the obligation to disclose to the clerk of the Commercial Court the identity of their beneficial owner(s) as well as the way in which he/she/they exercise(s) control over the relevant company or entity.

Decree n°2018-284 of April 18, 2018 (finally!) specifies what is precisely meant by “beneficial owner (s)”.


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Labor & Employment
Focus on the Social and Economic Committee, the new employee representative body created by Ordinance n°2017-1386

Constance de Courville

The merger of the various employee representative bodies into a single one called “Social and Economic Committee” is one of the flagship measures of Macron Ordinance n°2017-1386 dated September 22, 2017. While it was already possible to aggregate all the employee representative bodies, in particular under the so-called “Single Staff Representation” mechanism, this is no longer merely an option.

Indeed, since January 1, 2018, companies with 11 employees or more have the obligation to set up a Social and Economic Committee. This Committee merges and supersedes the staff delegates, the Works Council and the Hygiene, Safety and Working Conditions Committee. This article briefly describes the main characteristics of this new body, including with respect to its set-up, operation, commissions and powers.


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Events
Conference: “Successfully establishing a presence abroad: The legal and financial basics”

Catherine Nommick served as panelist during a conference on “Successfully establishing a presence abroad: The legal and financial basics” organized by our Firm together with Banque Rhône-Alpes that took place on May 31, 2018 at the Lyinc.




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