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Latest documents

• ANSES Reiterates Recommendation to Restrict Use of Products Containing Nanomaterials “That Are of Little Benefit to the Population”

  On June 3, 2021, the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) published an interview with Aurélie Niaudet, who is in charge of assessing the risks associated with physical agents. Niaudet states that nanomaterials have novel properties that “are highly sought after and increasingly exploited, but can also induce specific types of behaviour when interacting with humans or the environment.”

• Competition Newsletter - May 2021

  This month we invite you to Russia, where the competition authority is announcing a new competition law compliance system that may result in less fines.

• France: Q&A - Employer COVID-19 Vaccination Policies (UPDATED)

  We asked our member firms around the globe to provide some insight on employer and employee rights when it comes to requiring the COVID-19 vaccine to return to work. Responses for France have been updated with new questions since its initial publication in January.

• Hydrogen Rising: France: The Growth and Evolution of the Hydrogen Economy

  France was among the first nations to issue a national hydrogen plan and recently has taken significant steps to continue to support the growth of a hydrogen economy. In this episode, Hydrogen Rising co-host Sandi Safro discusses these developments with K&L Gates’ European colleagues Mélanie Bruneau and Antoine de Rohan Chabot, including France’s efforts to increase the use of hydrogen in the transportation sector and the development of regulatory frameworks around certificates of origin and traceability.

• CNIL Issues Provisional Recommendations for Remote Quality Control of Clinical Trials During the Health Crisis

  Given the challenges of conducting clinical trials during the COVID-19 pandemic, many countries — including France — have allowed for some use of remote quality controls. In response to guidelines issued recently by European health authorities, the French Commission Nationale de l’Informatique et des Libertés (CNIL) has issued recommendations designed to ensure the protection of compliant processing of personal data. Clinical research associates (CRAs) must be aware of these recommendations and implement appropriate methodologies and safeguards.

• New jurisdiction rules for Duty of Vigilance disputes

  Four years after the enactment of the Duty of Vigilance Law, the French National Assembly adopted in first reading on 4 May 2021 the Climate and Resilience bill which clarifies in its Article 71 ter the question of which French court has jurisdiction over disputes relating to the Duty of Vigilance Law.

• Paris Court of Appeal Addresses Constitution of Tribunal in OIC Investment Arbitration

  On March 23, 2021, the Paris Court of Appeal issued a decision with important ramifications for investors pursuing arbitration under the Agreement for the Promotion, Protection and Guarantee of Investments Among Member States of the Organisation of the Islamic Conference (“OIC Agreement” or “Agreement”). Such investors often confront difficulty at the outset of the arbitral proceedings in constituting a tribunal under the OIC Agreement because of a double failure: the failure of the respondent state to appoint a co-arbitrator, and the failure of the Secretary General of the OIC to exercise his authority under Article 17(2)(b) of the OIC Agreement to make the appointment in lieu of the respondent state...

• French Court Provides Guidance on Data Transfer Safeguards and Sufficient Protections Against Access Requests from U.S. Authorities

  In the wake of the Court of Justice of the European Union's (CJEU) decision in Schrems II, companies have had few real-world examples of how they can provide “supplementary measures” to protect personal data from overbroad access requests by public authorities.

• ESG Trending Topics - France

  French businesses continue to navigate the requirements of the French PACTE Act (“loi relative à la croissance et la transformation des entreprises”) passed in 2019. This legislation added a paragraph to article 1833 of the French Civil Code providing that a company is to be managed according to its “corporate interest” and by taking into account the social and environmental issues related to its activity. It also modified article 1835 of the Civil Code in order to enable companies to set out in their statutes their “raison d’être” based on ESG and other principles they adopt and for which they intend to allocate resources while carrying out their activity...

• Sapin II: What Recommendations Should Be Followed From 2021 Onwards?

  The French Law n°2016-1691 of 9 December 2016 relating to transparency, the fight against corruption, and the modernization of economic life, known as the “Sapin II” Act,1 introduced to legal entities additional compliance requirements to address corruption in order for France to meet the highest European and international standards.

Featured documents

• Droit de suite

  The reports last week of the decision of the Paris High Court regarding the droit de suite (aka artist's resale right) on the sale of certain paintings by Salvador Dali are a reminder of what is coming our way. In less than five months the scheme will be extended to the UK, for deceased artists,...

• Is data breach notification compulsory under French law?

  On May 28th, the Commission nationale de l’informatique et des libertés (“CNIL”), the French authority responsible for data privacy, published guidance on breach notification law affecting electronic communications service providers. The guidance was issued with reference to European Directive 2002/...

• Dividend Premiums – Status Quo

  Most companies close their accounts at the end of the fiscal year on December 31st. It is thus the moment to determine whether payment of a “dividend premium” to employees is required. Since January 1st, 2011, a decision to distribute dividends to shareholders generally requires payment of a...

• Cash Deals, French Interest Increasing In South Florida Real Estate Market

  Bienvenue! Bienvenido! Bem-vindos! Welcome to Miami – where cash is king -
 
 
 
 Buyers from across the globe continue to hone in on South Florida as a hot market for real estate investment....

• You cannot trade a customer file which does not comply with the French Data Protection Act

  On June 25, 2013, the French Supreme Court rendered a corner-stone decision for all agreements dealing with personal data.

 

 In 2008, a company sold its electronic customer file to its successor in business. It quickly came to light that most of the information was outdated or...

• CNIL Expands Scope of Whistleblowing Programs under French Privacy Law

  On February 11, 2014, the French data protection authority (CNIL) published Deliberation #2014-042 and expanded the list of issues that a whistleblowing program may permissibly receive and process under French privacy laws. Now, these programs also can be used to report employment discrimination...

• Changes to French takeover rules

  A new French law, the “Law to recapture the real economy” (“Loi visant à reconquérir l’économie réelle” or “Loi Florange”) (the Law), was made on 1 April 2014.

 

 The Law makes good a promise, made by François Hollande in his 2012 presidential election campaign, to require...

• The end of the road for "one-way" jurisdiction and arbitration clauses?

  Following the 2008 financial crisis, there has been greater focus by commercial parties on dispute resolution provisions in transaction documents. At the drafting stage, where (and how) parties' disputes are to be determined has become a contentious issue on many deals....

• France: A Court of Appeals Decision Provides Helpful Guidance Regarding an Employer’s Obligations When Consulting with Employee Representative Bodies

  Before agreeing and executing a business sale involving a transfer of a business, an international publishing company (Wolters Kluwer) consulted its works council. The works council refused to deliver its opinion and issued court proceedings seeking to require the employer to restart the...

• From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

  A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects with a right to be forgotten, a French Tribunal enforced this principle in X &...