• JD Supra France

Publisher:
JD Supra
Publication date:
2019-04-29

Latest documents

  • Le Bareme Macron Est Valide Par La Cour De Cassation

    La Cour de cassation, dans deux avis du 17 juillet 2019 (n°15012 et 15013), s’est prononcée favorablement sur la conformité du barème Macron aux textes internationaux, mettant ainsi un terme au débat suscité par plusieurs conseils de prud’hommes refusant d’en faire application.

  • Publication of a new decree aimed at improving energy performance in existing buildings used for tertiary sector activities

    Since 2010, French law has required that actions be undertaken to improve the energy efficiency of buildings dedicated to tertiary sector activities in order to optimize their energy performance.

  • Competition Newsletter August 2019

    New sanction by the French Competition Authority of a market-partitioning practice - 
 
 On July 8, 2019, the French Competition Authority fined the cooperative Back Europ France €1.7 million for having implemented since 1989, i.e. for 30 years, a horizontal agreement between its members, whose purpose was to share the market territorially.

  • The First PNF/AFA Common Guidelines

    When Law No. 2016-1691 (Sapin II Law) created the convention judicaire d’intérêt public (CJIP), modeled after the American deferred prosecution agreement (DPA), it was feared that the existence of potentially dueling French agencies prosecuting corrupt practices of companies and administrations — the Parquet national financier (PNF) and the Agence française anticorruption (AFA) — might lead to a rivalry that undercut the effectiveness of their actions.

  • Much-Awaited Clarifications on the French Deferred Prosecution Agreement

    The French National Financial Prosecutor and the French Anticorruption Agency have released guidelines on the French deferred prosecution agreement, that offers a few welcome clarifications.
 
 After years of debate on the compatibility of transactional mechanisms with the French culture of criminal prosecution, Article 22 of Law No. 2016-1691 of December 9, 2016 (Sapin 2 Law) introduced a procedure called Convention Judiciaire d’Intérêt Public (CJIP), a French version of the deferred prosecution agreement (DPA). Since the implementation of the Sapin 2 Law, six CJIPs have been signed and published. Four of them relate to matters of international or national corruption, whereas the other two concern money laundering and tax evasion cases.
 
 Please see full Alert below for more information.

  • U.S. government investigates potential threat to e-service providers: France’s Digital Service Tax

    On 10 July 2019, the Office of the U.S. Trade Representative (USTR) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 into France’s Digital Services Tax (DST) to determine whether the tax is discriminatory or unreasonable and burdens or restricts United States commerce.
 
 Please see full Publication below for more information.

  • Official Guidance Clarifies Eligibility Requirements for "French DPAs" in Corruption-Related Matters but Raises Key Questions - The Financial Public Prosecutor and the French Anticorruption Agency are working hand in hand to fight corruption.

    The Financial Public Prosecutor and the French Anticorruption Agency ("FAA") have recently adopted guidelines on the implementation of the "convention judiciaire d'intérêt public" ("CJIP"), the French version of a deferred prosecution agreement, or "DPA," which has been the subject of other Jones Day publications. While these guidelines shed light on the circumstances under which companies may be eligible for a CJIP, they raise important questions that will warrant close scrutiny as the guidelines are applied in specific cases.

  • French Anticorruption Agency's Enforcement Committee Hands Down First-Ever Decision

    The Enforcement Committee of the French Anticorruption Agency ("FAA") handed down its first decision on July 4, 2019. The decision follows the Agency's three-month audit (October to December 2017) of the involved company's compliance program.

  • New French PACTE Law – How Is It Affecting French IP Law?

    The Action Plan for Business Growth and Transformation of Companies (PACTE) law, which was promulgated on 22 May 2019, includes provisions affecting several areas of French intellectual property law.

  • GDPR vs. ePrivacy Directive: CNIL's Revised Guidelines for Use of Cookies and Other Trackers

    The Situation: The European Union's General Data Protection Regulation ("GDPR") has been effective since May 2018 and has resulted in increased requirements for obtaining consent for the processing of personal data. However, France's current rules on the use of cookies and other trackers are still based on the ePrivacy Directive.
 
 The Result: The French data protection authority CNIL has updated its 2013 guidelines on the use of cookies to take GDPR into account.

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