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29 September 2020

Sudden breach of an established business relationship: The summary judge may order the continuation of the contract

Faced with the urgency of the situation and the risk of imminent damage caused by the sudden termination of an established business relationship, the terminated business partner may ask the summary judge to order the continuation of the relevant contract. This was recalled by the Cour de Cassation (French Supreme Court) in a decision dated June 24, 2020.

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29 September 2020

Extension of the rules governing meetings of shareholders and meetings of governing bodies of private law businesses

Decree No. 2020-925 of July 29, 2020 extends until November 30, 2020 the rules that eased the procedures governing the deliberations of shareholders’ meetings.

This provides the opportunity to review the temporary and exceptional derogations set up on the basis of Law No. 2020-290 of March 25, 2020 to secure the internal operation of companies through the adaptation of the rules governing the holding and deliberations of shareholders’ meetings to the health measures imposed by COVID-19.

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29 September 2020

Pre-trial detention: The health crisis does not in itself justify the release from prison

The conditions of detention, already well deteriorated due to the overcrowding that has been a constant feature of places of deprivation of liberty for several years, are necessarily and unfortunately adversely affected by the health situation created by the COVID-19 pandemic. How to implement social distancing, and more broadly, so-called “barrier gestures” (i.e. preventative measures that each individual should take to protect himself/herself and others against COVID-19) in places where the daily life is marked by the proximity between fellow inmates? It is impossible to do so.

Consequently, many requests for release from pretrial detention have been filed with the Liberty and Custody Judge. However, these requests for release have been dismissed. Following the upholding of a dismissal order, one inmate appealed to the Cour de Cassation (French Supreme Court). On August 19, 2020, the Criminal Chamber of the Cour de Cassation issued a ruling that confirmed the dismissal of the request for release.

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13 August 2020

The French Data Protection Authority imposes a 250,000 euros fine on Spartoo

The Commission Nationale de l’Informatique et des Libertés (French Data Protection authority or “CNIL”) has just imposed a penalty of 250,000 euros on Spartoo, a company specializing in the online sale of shoes. The CNIL noted several breaches of the GDPR, the general regulation on data protection which came into force on May 25, 2018.

This is the first penalty imposed by the CNIL as “lead supervisory authority” in cooperation with other EU supervisory authorities as the consumers (and their personal data) of Spartoo which is based in Grenoble extend beyond French borders.

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7 August 2020

Covid-19: Optimizing the long-term management of the crisis thanks to the collective performance agreement

The French government immediately responded to the health crisis created by the outbreak of the COVID-19 pandemic through situational tools that helped companies quickly handle this exceptional worldwide crisis.
Together, these instruments have enabled many companies to swiftly adapt to the crisis. They also made it possible to maintain employment and, more generally, to protect businesses.
However, while these measures have been put in place and the most tumultuous period of the crisis seems behind us, companies must nevertheless think about finding more sustainable solutions by seeking to best adapt their organization and the use of their workforce. This is where the implementation of a collective performance agreement can be considered.

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