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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.

• 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.

• 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.

• 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

• New French Arbitration Law

  France has adopted a new statute on arbitration, Decree No. 2011-48 dated January 13, 2011 (the “Decree”). Thirty years ago, in 1980 and 1981, France was one of the first countries to adopt a modern statute that created a separate, specific legal regime for international arbitration. This regime...

• French Solar Projects

  On 15 September 2011, the French Energy Regulation Committee (CRE) issued a set of rules covering the applicable conditions for the new tender process for photovoltaic (PV) projects in France with a capacity exceeding 250kw. This tender process is designed to help France meet its target of...

• Enactment of the French Second Amending Finance Act for 2012: Key Corporation Tax Measures

  The French Second Amending Finance Act for 2012 was adopted by the French Parliament on July 31, 2012 and was enacted on August 17, 2012 [the "Act"]. The core objective of the Act is to reduce the government deficit below 4.5% of GDP for 2012, pursuant to the Council of the European Union'...

• The French Petroplus Law

  The Decree No. 2012-1190 of October 25, 2012 has recently clarified the Law No. 2012-346 of March 12, 2012 on protective measures (mesures conservatoires) applicable to French safeguard, recovery and liquidation proceedings, named as the Petroplus Law.
 
 
 
 The Petroplus Law was...

• International Employment Law Review: August 2013 - Issue 4: Recent Employment Law Developments in France

  Legislation -
 
 
 
 Interprofessional National Agreement and Law on Employment Security Passed -
 
 
 
 On January 11, 2013, social partners at national level agreed to an interprofessional agreement “for a new economic and social model serving business’...

• Financial Services Quarterly Report - Fourth Quarter 2013: Management of French Funds and Access to the French Market: New Opportunities Offered by the AIFM Directive

  Further to the implementation of the AIFM Directive in France, new cross-border management and distribution possibilities are now available for investment products in the form of alternative investment funds (AIFs)....

• French Employers: Only Three Months Left to Set Up a Single Database | Base de données unique : plus que trois mois pour la mettre en place!

  French law requires companies with 300 or more employees to set up a single database for economic and employment information by no later than 14 June 2014.
 
 
 
 The French Job Security Act of 14 June 2013, which codified the national multi-industry agreement (Accord National...

• New French Regulations Tighten Control on Foreign Investments

  A new decree expands the list of sectors in which foreign investors must seek prior French Minister of the Economy authorization - 
 
 
 
 The French government issued a new decree 2014-479 dated 14 May, 2014 expanding the list of strategic sectors in which foreign investments in...

• Focus on Regulatory Law - July 2014

  In This Issue:
 
 
 
 - Regulation Authorities
 
 
 
 ..French Competition Authority
 
 ..Securities and Market Authority
 
 ..Audiovisual Council
 
 ..Authority for the Regulation of Electronic Communications
 
 
 
 - Energy&#1...

• Class Actions Enter into Force in France as of 1st October 2014

  The French Government decree allows accredited consumer associations to launch class actions. 
 
 
 
 On 24 September 2014, the French Government enacted a decree implementing the class action mechanism created by the “Loi Hamon” n° 2014-344 (enacted on the 17th of March 2014) (pleas...