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- 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.
- 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.
- 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.
- 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.
- The French Competition Authority issues guidance on Antitrust Fines
On 17 May 2011, the Autorité de la concurrence, the French competition authority (the Autorité), unveiled its guidelines (the Communiqué) relating to the setting of financial penalties in antitrust cases. The Communiqué promised to herald a new, more sophisticated approach to competition law fines; ...
- 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,...
- 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 ...
- France Proposes Financial Transaction Tax
On February 8, the French government released details of a proposed financial transaction tax (FTT). The proposal will be considered by the French parliament and, if passed, will impose taxes on certain transactions in shares and other financial instruments, as well as on high frequency trading (HFT...
- Panorama des réformes récentes du droit communautaire relatif aux prospectus d’émissions obligataires
Le droit communautaire concernant la documentation relative à l’émission d’obligations a fait l’objet d’une refonte récente qui viendra impacter le contenu et la structure des prospectus depuis le 1er juillet. Cette échéance a poussé certains émetteurs à avancer les travaux de...
- French Trust Law Reporting Requirements
Last year France passed legislation which is aimed at taxing assets held through trusts where there is a connection with France. Effective as of July 31, 2011, this legislation imposes tax reporting obligations on trustees acting for trusts with French resident beneficiaries, French resident...
- France Shows its Support for Innovation by Improving its Research Tax Credit (RTC) System in the Draft Finance Act for 2013
Large industrial, commercial and agricultural companies which are subject to company tax (or income tax on industrial and commercial profits) have been enthusiastic about the RTC system since its adoption. It is now proposed that the package should be extended to small and medium-sized enterprises (...
- Recent French Case Law on Damages for Sudden Termination of Business | Essentiel de la jurisprudence française récente sur l’indemnisation de la rupture brutale des relations commerciales
Companies should be aware that certain risks are attached to an insufficient notice period when terminating a business relationship. This summary schedule highlights the risks attached to an insufficient notice period in the event that a business relationship is terminated....
- New Labor and Employment Legislation in France - Is French Labor Law Becoming More Flexible?
The combination of the economic crisis and the growth of emerging markets has led to many European governments announcing initiatives to reform employment legislation with the intent of making it simpler and more flexible so as to allow local businesses to become more competitive in the global...
- 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....