Avis d’experts / Points de vue : In english


24/02/17

Intellectual property and Information technologies – Newsletter February 2017

Enquête 7WP29 adopts guidelines for the application of REGULATION (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
 
On 13 December, the WP29, which brings together all of the European supervisory authorities, adopted guidelines clarifying certain key concepts of the European General Data Protection Regulation due to come into effect on 25 May 2018.
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13/02/17

Litigation First : the European Union condemned for excessive length of proceedings before the EU General Court

European Union flag on gavel isolated on white.On 23 February 2006, the companies Gascogne Sack Deutschland and Gascogne brought an action before the General Court of the European Union, seeking an annulment of a European Commission decision imposing fines in the amount of €13.2 million for their participation in a cartel in the industrial bags sector. The General Court took almost 70 months to render its judgments in this case, i.e. about twice as long as the average in this type of matter, while Gascogne had to bear the cost of the bank guarantees and legal interest accruing on the fine until the end of the proceedings. The Court of Justice of the European Union upheld the General Court’s judgments, acknowledged the existence of a damage resulting from the unreasonable length of the proceeding and referred the applicants to the General Court for the assessment of the damage. Lire la suite

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04/07/16

3% sur Tax on dividends – The French supreme tax court questions both the Constitutional Court and the CJEU

gavel for auctions or sessionsIn four decisions rendered on June 27, the French supreme tax court has raised some questions to both the Constitutional Court and the CJEU about the compatibility of the 3% surtax on dividends. Lire la suite

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15/06/16

Services not used by the end of their validity period – Applicable VAT treatment

Cinema film reel and out of focus movie clapper boardFrom airports to movie theaters: VAT on multiple-entry cards

By a decision handed down on 15 April 2016[1], the French Council of State (Conseil d’Etat), following the position of the Court of Justice of the European Union,[2] has ruled that non-refundable and unused multiple-entry movie theater cards and books of tickets are subject to VAT. Lire la suite

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27/05/16

Intellectual property and Information technologies – Newsletter April 2016

Enquête 7The Senate passes the “Digital Bill” at its first reading
The Senate passed the Bill for a Digital Republic on 3 May 2016, following several amendments. It was examined in the context of a fast-track procedure.
 
Open data
The provisions on open data have been enhanced compared to the previous version. Two amendments adopted by the Senate aim to ensure free public access to the final judgments of the administrative and judicial courts, all while ensuring the privacy of the persons concerned. Lire la suite

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11/04/16

First adjustments to the “El Khomri” Bill aimed at instituting new freedoms and protections for businesses and assets

binoculars back - side viewSince being submitted to the French Council of State, the “El Khomri Bill” has been the subject of heated public debate, giving rise to some initial adjustments in response to the criticisms raised.

An amended submission has been made to the Council of State. Lire la suite

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04/04/16

Compliance and the Cloud

  • Cloud computingWhat data security rules apply to cloud computing in your jurisdiction? Are specific security requirements for cloud initiatives under consideration? Has any authority issued guidelines in this regard? 

Section 34 of the French Personal Data Protection Act requires that data controller take all useful precautions, with regard to the nature of the data and the risks of the processing, to preserve the security of the data and, in particular, prevent their alteration and damage, or access by non-authorized third parties. Breach of these obligations is a criminal offence.  Lire la suite

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29/03/16

European Legal Watch n° 23

Fidal_header_newsletter-technique-VIGIEThe mere dispatch of a message having an anticompetitive impact is not sufficient evidence to establish that its addressee was aware of its content

In its judgment of 21 January 2016, the Court of Justice of the European Union answered a request for a preliminary ruling submitted by a Lithuanian court concerning proceedings between Eturas, administrator of the computer software E-TURAS, a common online travel booking system allowing travel agencies with an operating licence to offer travel bookings for sale on their websites, as well as several travel agencies, and the Competition Council of Lithuania. Lire la suite

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21/03/16

The French Data Protection authority raises public awareness over Facebook’s data processing

???????????????????????????????????????In a decision of 26 January 2016, the CNIL’s Chairwoman issued a formal notice to FACEBOOK INC. and FACEBOOK IRELAND to comply with the French Data Protection Act of 1978 within a limited period of three months. This crackdown on the social network follows on from the investigations carried out last spring by a delegation of five Data Protection regulators[1] among the Article 29 Working Party.  Lire la suite

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10/03/16

Tailored international assistance

playFIDAL is the No. 1 law firm in France and continental Europe with 1400 lawyers and legal experts assisting 80,000 clients in their projects in France and worldwide. FIDAL is the only French law firm to feature in the global top 100. Lire la suite

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