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Latest documents

• New French Decree, Ministerial Order Clarify Foreign Investment Authorisation Rules

  Dated 31 December 2019, the legislation updates and elucidates the process for obtaining foreign investment authorisations in France. The new provisions go into effect on 1 April 2020.

• France to Test Medical Cannabis for Two Years

  Cannabis consumption is a complex issue and is first and foremost a health matter. While it is forbidden in France for recreational or medical use, on October 25, 2019 the French Parliament (National Assembly) gave its consent to conduct an experimentation on medical use of cannabis starting in early 2020.

• Legislation and Case Law in France / Second Half-Year 2019

  Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law.
 
 This newsletter reviews five notable court holdings in this domain from the second half of the year.

• New expansion and clarification of Foreign Direct Investments control regime in France

  Further to the Decree of 29 November 2018, which expanded the list of strategic sectors, and to the so-called « PACTE » law of 22 May 2019, which strengthened the enforcement powers of French authorities with respect to the review of foreign direct investments ("FDI"), France has published two new provisions implementing the legislative changes introduced by the PACTE law. The reform adapts the French legal framework to the coordination system introduced by the EU Regulation 2019/452 of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union, which was entered into force on 10 April 2019 and that will be effective as of 11 October 2020.

• Banking, Finance and Insurance Letter — Novembre/Décembre 2019

  Challenge of the guidelines of the European Banking Authority and notice of compliance by the Prudential Supervisory and Resolution Authority (ACPR) In its notice of September 8, 2017, the ACPR stated that it complies with the European Banking Authority (EBA) guidelines on governance and supervision arrangements for retail banking products. 
 
 Please see full Publication below for more information.

• How To Deal with Strikes in France?

  In 2019, France has been facing many strikes and social movements which impacted companies in term of business and staff management. Who did not hear about the “Yellow vests” movement or, more recently, the claims raised against the retirement reform which are still on-going?

• CNIL: Continuous, Systematic CCTV Surveillance At Schools Excessive

  French Data Protection Authority CNIL has weighed in on CCTV surveillance in schools.
 
 CNIL received 25 complaints regarding systematic surveillance of students throughout their day, whether during their recess, during their lunch in the canteen or even during their class time.

• Foreign direct investment reviews 2019: A global perspective: France

  In December 2018, a new decree expanded the scope of the French national security review, especially in the technology sector 
 
 In May 2019, the so-called “PACTE” Law strengthened the powers of French authorities in case of breach of the filing requirement or commitments imposed in the context of a clearance decision. The Bureau Multicom 4, which is located within the Ministry of Economy’s (MoE) Treasury Department, conducts the review....

• AMF Establishes New Legal Framework for Digital Asset Service Providers in France

  The Situation: Following the enactment earlier in 2019 of new French legislation to regulate activities related to digital assets (including cryptocurrency but excluding tokenized securities), final regulatory provisions were expected to follow. The Result: The Autorité des marchés financiers ("AMF") recently issued new provisions to its general regulation as well as two instructions. These provide rules that apply to the licensing and the organizational guidelines with which digital asset service providers must comply.

• France Sanctions Google For Abusing Dominant Position In Search Advertising

  The French Competition Authority has announced it imposed a sanction of €150 million on Google for abusing its dominant position in search advertising.

Featured documents

• French Court Orders French Competition Authority to Disclose Antitrust Investigation Documents

  On 24 August 2011, the Commercial Court in Paris ordered the French competition authority, the Autorité de la concurrence (Autorité), to disclose documents relating to the settlement of an antitrust investigation in the context of a private damages action. This order could significantly strengthen ...

• One year of Data Protection Enforcement in France: what the CNIL's Activity Report Reveals

  The French Data Protection Authority (“CNIL”) has recently issued its activity report for 2011. It provides us with some interesting data and allows us to reflect on the ever-growing importance of privacy and data protection in France. Video-surveillance, the right to be forgotten on the Internet,...

• Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements

  The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter by the Court of Justice of the European Union (CJEU), from which the Cour...

• CNIL Cracks Down on Employee Video Monitoring and Password Strength

  In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the constant monitoring of one employee making the recording disproportionate to...

• What Are The Main Differences For Dismissing An Employee Between The US And France?

  Contrary to the U.S., which has the concept of “at-will” termination, to dismiss an employee in France, an employer must have a “real and serious cause” and must comply with a specific procedure. The cause is not pre-determined by the employment contract....

• Important changes to French Insolvency Legislation

  Article 2 of Law no. 2014-1 of 2 January 2014 enabled the French government to simplify and secure the legislation relating to companies in difficulty.

 

 Following consultation with practitioners, the French government issued an Ordonnance (the Order) on 12 March 2014 which was...

• "French Government Extends Its Veto Rights on Foreign Investments in Country’s Strategic Sectors"

  On May 15, 2014, the French government published a decree extending its veto rights over foreign investments in French strategic sectors (the New Decree). The New Decree has been dubbed the “Alstom Decree” by the media, as it comes in response to the French government’s concerns regarding the $16.9 ...

• One year of Data Protection Enforcement in France: what the CNIL’s Activity Report 2013 Reveals and what to expect in 2014

  According to the French Data Protection Authority’s (“CNIL”) recently issued activity report for 2013, the CNIL was especially busy in 2013. The main topics addressed by the CNIL in 2013 were the creation of a national consumer credit database, the right to be forgotten, the right to refuse cookies,...

• France: Taking into Account Absences Due to a Strike While Calculating Bonuses Does Not Necessarily Infringe the Right and the Freedom to Strike

  Under the French Labor Code, the exercise of the right to strike shall not lead to retaliation by the employer in terms of employee compensation or benefits....

• First Class Actions introduced in France by consumer associations (French version)

  Depuis l’entrée en vigueur le 1er octobre 2014 des dispositions de la loi Hamon introduisant une action de groupe en droit français, plusieurs actions ont déjà été initiées témoignant d’un vif intérêt des associations de consommateurs agréées pour ce nouveau dispositif. Reste maintenant à attendre...