Legal Insights

The French Data Protection Authority imposed on AG2R LA MONDIALE a 1.75 million euros fine for failing to comply with the obligations under the General Data Protection Regulation regarding data retention periods and information to be provided to individuals.

Two breaches were mainly highlighted: an excessive retention period for personal data and a lack of information provided to people during telemarketing calls by subcontractors.

As people’s awareness of global warming is growing and the struggle to preserve the environment and biodiversity is intensifying, the French Minister of Justice has adopted a circular setting out the principles and objectives to be pursued in the prevention and punishment of environmental crimes.

The reform of French legal provisions governing security interests, initially scheduled for May 2021, should finally be enacted by September 23, 2021 and enter into force on January 1, 2022. It will be carried out by way of an Ordinance, pursuant to the authorization given by the legislator to the Government under the so-called PACTE Law of May 22, 2019.

In the wake of the reform already carried out in 2006, the 2021 reform shows a clear desire to simplify and modernize French legal provisions governing security interests.

The French Competition Authority published on July 30, 2021 a notice on the method for determining fines in relation to anticompetitive practices, which repeals and replaces the previous notice dated May 16, 2011.

This new notice, based on case law and the decisions rendered by the French Competition Authority in the last ten years, draws the consequences of the transposition of the ECN+ Directive aimed at increasing the effectiveness of competition rules within the European Union.

The Health Crisis Management Law No. 2021-1040 of August 5, 2021 entered into force on August 6, 2021.

Some of its provisions make working as an employee conditional on the presentation of a vaccination certificate or a certificate of negative test result for COVID-19.

The lack of certificate is likely to entail the suspension of the employment contract.

In two decisions issued on June 23, 2021, the Cour de Cassation (French Supreme Court) recalled that “the employer having knowledge of an employee’s wrongdoings” means not only the holder of the disciplinary power but also the employee’s immediate superior, even if the latter does not hold this power himself/herself.