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Legal Insights

11 March 2021

Cookies and trackers: Are your websites and mobile apps compliant?

When visiting a website or using mobile apps, users must be informed and give their consent before cookies or other trackers are deposited or read, unless these trackers benefit from one of the exemptions provided for by law.

Following the publication of its guidelines and recommendation on October 1, 2020, the French Data Protection Authority has given until March 31, 2021 to bring websites and mobile apps into compliance with the new rules.

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26 February 2021

Transfer of criminal liability in merger transactions: A major reversal of case law

In a fully reasoned ruling dated November 25, 2020, the Criminal Chamber of the Cour de Cassation (French Supreme Court) has reversed a case law that had been established for more than twenty years in “merger by acquisition” transactions (i.e., when a company is merged into another): The acquiring company may now, under certain conditions, be held criminally liable for an offence committed by the acquired company prior to the merger and for which it had not been convicted.

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26 February 2021

The French Anticorruption Agency publishes its new guidelines

On January 12, 2021, the French Anti-Corruption Agency published its new guidelines which will serve as the reference framework for its investigations, effective from July 13, 2021.

These new guidelines, which are both more demanding and pragmatic because they have been adapted to take into account the inspections and audits carried out by the AFA since the entry into force of the former guidelines, deserve, in our opinion, the full attention of entities subject to Article 17 of the Sapin II Law.

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26 February 2021

Opinion of the French Data Protection Authority on the contemplated extension of the Contact COVID digital information system

In a deliberation No. 2021-006 issued on January 19, 2021, the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority, hereinafter the “CNIL”) gave its opinion on a draft Decree aimed at strengthening the system for tracing the chains of COVID-19 transmission, known as the “Contact Covid” information system, as part of the French Government’s strategy to fight against the spread of the virus.

This article outlines the CNIL’s main observations and recommendations which aim at maintaining the protection of often sensitive personal data while the draft Decree foresees a considerable and substantial extension of the information collected.

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10 February 2021

The “loss of the leased property”: The legal basis relied upon to relieve a commercial lessee from its obligation to pay the rent during the first lockdown

The payment of commercial rents during successive lockdown periods is an issue that has given rise to numerous disputes.

Arguments based on force majeure, unforeseeability or non-performance, often used by lessees as a justification for not paying the rent, had been dismissed in the majority of court decisions handed down on this subject.

On January 20, 2021, the enforcement judge of the Paris Judicial Court opened up another way based on the “loss of the leased property”.

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