K&L Gates LLP (JD Supra France)
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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...
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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.
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The Hydrogen Handbook - France
Hydrogen—the smallest molecule, but one that holds the potential to be an energy superhero and play a significant role in reducing carbon emissions and slowing climate change. The H2 Handbook provides a comprehensive summary of the regulatory, commercial, and policy issues that we believe hydrogen will face on its path to becoming a global commodity and a significant part of the energy mix.
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Data-Scraping: A Clear Limitation by the French Data Protection Authority on Direct Marketing Practices Using Data from Third Party Services
The French Supervisory Authority (CNIL) wrapped up 2020 with a EUR 20,000 fine against NESTOR, a French food preparation and delivery company catering to office employees.
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Cookies: New Awareness Campaign by the French Supervisory Authority
The French Supervisory Authority has set 31 March 2021 as the end of the “reasonable period” to bring websites and mobile applications into compliance. Following the adoption and publication of its updated guidelines along with practical recommendations on the use of cookies on 1 October 2020 (see our alert on the subject here), the French Supervisory Authority (CNIL) reaffirmed on 4 February 202
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Does the French Lego Case Threaten the Building Blocks of Your Pricing Policy for Online Sellers?
On 27 January 2021, the French competition authority (Autorité de la concurrence or ADC) adopted a decision accepting commitments from the building block producer Lego France (Lego) to amend its discount policy. The ADC concluded that Lego’s policy created a price differentiation that “was likely to handicap” pure online players, since they were de facto unable to access certain of Lego’s...
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COVID-19: Paris Employment Newsletter
In November 2019, a national survey indicated that only three percent of French employees remotely worked on a regular basis. After a year of the global health crisis, the situation is different as companies have had to accept remote working, which has become unavoidable. In order to help employers in the implementation of remote work, the French government has published several protocols and...
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French Data Protection: French Supervisory Authority Publishes Updated Guidance on Cookies and Other Tracking Technologies
Following the French Administrative Supreme Court (Conseil d’État) dated 19 June 2020 (see our alert here), the French Supervisory (CNIL) published on 01 October 2020 its updated guidelines (the Guidelines), replacing its former guidelines published on 04 July 2019 (July Guidelines), along with practical recommendations (the Recommendation) on cookies and other tracking technologies (together,...
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COVID-19: Return to Work: What is New in September 2020?
After a slow spring and an eventful summer, the return to the business world proved to be particularly perilous. Managing the aftermath of the lockdown continues to require ever-greater attention, in the context of dreaded resurgence of the pandemic. As a result, many companies, after experiencing partial activity in its many facets, need to continue to adapt to the resumption of business...
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COVID-19: Return to Work and Partial Activity (II)
The French government is willing to support companies in their efforts to return to a “normal” activity. Consequently, regulations relating to partial activity have once again been adapted in order to facilitate a gradual return to “normal” activity in France.
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French Administrative Supreme Court Endorses Data Protection Authority's Position on Cookies, Prohibits Prohibition on Cookie Walls
On 4 July 2019, the French Data Protection (CNIL) published its Guidelines on Cookies and Other Tracking Technologies. The Guidelines further detailed the nature of the interplay between the General Data Protection Regulation (GDPR which reinforced expectations towards obtaining consent to data processing operations when such consent is required), and the ePrivacy Directive which more...
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COVID-19: French Supervisory Authority Provides Guidance on Personal Data Processing by Employers Amidst Post-Lockdown Return to Work
The current COVID-19 pandemic continues to raise many issues on employee privacy and how employers may balance processing their employees’ data with ensuring safety in the workplace.
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French Data Protection Authority Releases Position on the Collection of Publicly Available Personal Data
While privacy concerns associated to the implementation of COVID-19 contact tracing apps across the European Union exist, the French Data Protection Authority (CNIL) also released a position paper on the collection of publicly available personal data for the purpose of direct marketing on 30 April 2020 and following numerous individual complaints.
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COVID-19: Employees’ Return to Work - How Employers Can Prepare for a Gradual and Safe Transition
On 28 April 2020, the French Prime Minister issued the National plan for the end of the lockdown. Further to this announcement, the French Health Ministry published a national map reflecting the intensity of the COVID-19 epidemic in the French departments on 30 April 2020. This map aims at helping public decision-makers in their decisions relating to the end of the lockdown in France as of 11 May
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COVID-19: French Employer Checklist: Preparing for the Gradual Return to Work
On 3 May 2020, the French Labor Ministry published a “National protocol regarding the end of the lockdown for companies to ensure health and safety of the employees.” A follow-up report will be published on 7 May 2020 to confirm the end of the lockdown. The following PDF document is a checklist of key questions to anticipate for a return to work and a list of steps to prepare for the gradual...
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COVID-19: Follow-up on the Q&A on Employment Implications in France (2)
Further to the Emergency Act published on 23 March 2020 (law n°2020-290) and to the first wave of ordinances published on 26 March 2020 (see our Newsletter of 27 March 2020), the French Government adopted additional measures to face the COVID-19 pandemic.
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COVID-19: Real Estate Contract Law in France
As COVID-19 continues to spread in France, leading the Government to announce a national lockdown, some important questions arise concerning the Force Majeure and the "unforeseeability" theory as regards to their applicability on contractual relations between private individuals.
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COVID-19: Q&A on Employment Implications in France
In response to the impact of the COVID-19 pandemic on French economic activity, specific measures for employees and companies have been taken to deal with the current situation. On 23 March 2020, an Emergency Act (law n°2020-290) was enacted to allow the Government to take exceptional temporary measures by means of ordinances. On 26 March 2020, 25 ordinances were published.
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COVID-19 Employment Policies and Fact Sheets for Companies in France
COMPANY'S CURRENT RESPONSE TO OUTBREAK OF CORONAVIRUS - The health, safety and welfare of each member of our team as well as their family members is a high priority for us. We, therefore, are closely monitoring the outbreak of novel coronavirus (2019-nCoV) (Coronavirus).
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French Supreme Court: Working Time Agreements Invalid Due to Inadequate Monitoring of Employee Workloads
To ensure the protection of the safety and health of employees, the French Supreme Court reiterated the need to include provisions in collective bargaining agreements guaranteeing the reasonableness of the scope and workload for an employee covered by an individual working time agreement of days worked over the year (the "lump sum").
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New Year, New Actions To Be Taken: What’s Changing Regarding French Labour Law In 2020
Main French news in 2020: The new French employee representative body called the CSE has now replaced the current “Employee Delegates” (“Délégués du Personnel”) in companies with at least 11 employees and the three bodies, “Employee Delegates”, “Works Council” and “Health, Safety and Working Conditions Committee” in companies with at least 50 employees. Please see full Alert below for more...
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Mutual Termination Agreements: Between Temptation and Risk for Employers
Over the past few years, the “individual mutual termination agreement” ("rupture conventionnelle individuelle") has become an increasingly popular method of terminating employment contracts.
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Self-Employed Workers: California Reforming, France Fumbling
In light of the decision rendered by the California State Senate misclassifying self-employed workers of ride-sharing services as employees of these platforms, Christine Artus, a French labor law partner at the Paris office of K&L Gates, warns about France’s delay in legislating on this economic model, which is subject to many controversies.
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In France, Measuring Wage Inequality Between Women and Men Has Become Legally Required
Though the pay equity between men and women is legally required and politically encouraged, wage inequality in France remains the norm in France: women's wages are on average 25.7% lower than those of men in all working hours combined.
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The International Chambers of the Paris Courts: A Flexible and Efficient Approach to Resolve International Commercial Disputes
The Paris courts feature international chambers (“International Chambers”) that offer litigants attractive conditions for the resolution of their international commercial disputes: - Inexpensive application fee (maximum €235) - Possibility to produce exhibits and conduct oral debates in English - Flexibility in the administration of evidence
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French Finance Act for 2019: The Most Important Changes Affecting Businesses
The French Finance Act for 2019 was enacted on December 28, 2018 (the “Act”). The Act introduces significant changes to the interest deduction rules and to the favorable tax regime applicable to Industrial Property (“IP”) income.
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GDPR - What to Expect in France
On July 2, 2018, the French Data Protection Authority (“Commission Nationale de l’Informatique et des Libertés” or “CNIL”) published its yearly thematic guidance for the priority axes of its control activities, notably further to the entry into force of the recent General Data Protection Regulation (“GDPR”).
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French Finance Act for 2018 and Amending Finance Acts for 2017: Key Tax Measures for Businesses and Individuals
The first and second French Amending Finance Acts for 2017 and Finance Act for 2018 were enacted on December 2, December 29 and December 31, 2017, respectively (the “Acts”). The Acts introduce a progressive reduction of the corporate income tax rate to 25% in 2022.
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France's Financial Markets Authority Considers Its Options for Regulating Initial Coin Offerings
On 26 October 2017, France’s Financial Markets Authority, the “Autorité des Marchés Financiers” (“AMF”), published a discussion paper focusing on initial coin offerings (“ICOs”) that highlights the (many) dangers that arise from these unregulated transactions and discusses the regulation options that it currently foresees.
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Connected Cars “Compliance Package” at the Forefront
On October 17, after about 18 months of waiting, a consultation involving more than 20 players, and two intermediate versions, the French Data Protection Authority (“Commission Nationale de l’Informatique et des Libertés” or “CNIL”) has released the final version of its “compliance package” on Connected Cars (“Compliance Package”).