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Transposition of the new GDPR provisions – Publication of Decree n° 2018-687

Following the adoption of GDPR, France started to transpose this new European regulatory framework regarding data protection within its legal system. France thus made a first step in this process, as Parliament adopted the Law n° 2018-493 which modifies the Law of 1978 regarding personal data.

The......


Publication of Law n° 2018-670 related to the protection of trade secrets

Following the adoption of the Directive (EU) 2016/943 of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure, EU Member States are now putting in place reforms aiming to establish a legal protection......


The opening of bank data to Fintechs

The Directive n°2015/2366 of 25 November 2015 on payment services in the internal market known as "PSD2" came into effect on 13 January 2018. This Directive which aims to develop innovative payment services has been implemented into French law by the order n°2017-1252 of 9 August......


Client Choice Award 2018: BEHRING wins the award for its telecom practice

We are delighted to inform you that, for the second year in row, BEHRING wins the Client Choice Award for its practice in telecommunications law....


The IFER tax is extended to fiber and coaxial cable

The extension of the flat-rate tax on network businesses (IFER) to broadband and high-speed networks in now a reality....


THE ORDERS DATED 22 SEPTEMBER 2017 REFORMING LABOUR LAW

As part of the ‘flexisecurity’ movement and pursuing the dynamics of revision of the Labour code initiated by the previous governments, no less than five orders adopted on 22 September 2017 are trying to take up the challenge of modernizing and securing both the social dialogue and work......


The French National Institute of Industrial Property (INPI) approves the geographical indication "Porcelaine de Limoges"

A Protected Geographical Indication (PGI) is an official sign of origin and quality implemented by European regulation in 1992 and now governed by the Regulation n°1151/2012 of 21 November 2012. Originally limited to specific food products that bore geographical names and linked to their......


Sapin II law: What are the new obligations for companies?

The law n°2016-1691of 9 December 2016 targeting transparency, anti-bribery and the modernization of the economic life, known as "Loi Sapin II" imposes new requirements for some companies and notably:

1.         for companies having at least 50......


Every slogan is not a trademark

To be eligible as a trademark, a slogan, as any other sign, shall bear a distinctive character, meaning it shall serve as an indication of origin for the covered products and services and not be limited to a promotional function. ...


Digital platforms: the decrees strengthening transparency and loyalty obligations are published

Under the Act for a Digital Republic (loi pour une République Numérique) dated 7 October 2016, three decrees have been signed on 29 September 2017 in order to strengthen the transparency and the loyalty of digital platforms as described in article L. 111-7 of the consumer Code......


Connected vehicles and personal data

The development of connected vehicles has raised many concerns from drivers concerning the protection of their personnel data. ...


ECHR sets out the circumstances under which employees messages can be monitored

In its decision dated 5 September 2017, the Grand Chamber of the European Court of Human Rights (ECHR) sets out the circumstances under which employers can monitor their employees’ personal electronic communications at their workplace. It also states under which circumstances employers can use the......


In light of the Equifax and CareFirst data hacking...

In light of the Equifax and CareFirst data hacking cases in the United States, Anne‑Solène Gay was interviewed by Le Figaro on the French legal framework regarding class actions concerning personal data.

Article in Le Figaro.fr tech & web by Elisa Braun published on 14 September 2017:......


Space law: Luxembourg authorises the commercial exploitation of space resources

On the 13 July 2017, in the context of a program entitled "spaceresources.lu", Luxembourg passed a law authorising exploration and commercial use of space resources. This law which came into force on the 1st of August 2017 gives private stakeholders, subject to the granting of a prior......


G29: new opinion on data processing at work

The Opinion n°2/2017 (WP 249) adopted by the G29 on 8 June 2017 aims at evaluating the risks resulting from the use of new technologies at work especially in terms of respect of employees’ privacy.

This opinion comes in the wake of Directive 95/46/CE on the protection of individuals with......


The French Competition Authority launched a public consultation relating to online advertising

By a decision of 23 May 2016, the French Competition Authority (Autorité de la concurrence) decided at its own initiative to conduct a sector inquiry concerning online advertising in order to better understand the competitive situation and the conditions of data processing....


CJEU: The Pirate Bay infringes author's rights

The Pirate Bay is a BitTorrent online sharing platform which provides to internet users indexed links in order to localise protected works and to download them, without any hosted files on the platform. Thus, the exchange of files is realized directly between the internet users and not through the......


Anne-Solène Gay has been selected by The Best Lawyers™ in France

We are delighted to inform you that Anne-Solène Gay has just been selected for inclusion in the Eighth Edition of The Best Lawyers™ in France notably for her practice in Telecommunications Law.

The Eighth Edition of The Best Lawyers™ in France has been publicly released and is now available here....


Online advertising transparency: the decree has been published at last

The decree n°2017-159 dated 9 February 2017 on digital advertising services was published on 10 February 2017.

Adopted pursuant to article 131 of law n°2015-990 known as “Macron Act”, amending article 23 of law n°93-122 known as “Sapin Act”, this decree aims at extending the transparency......


The European Commission has published its proposal to reform the e-privacy directive

The 10 January 2017, the European Commission announced its draft regulation on privacy aims to reforming the e-privacy directive and to reinforcing the respect of individual’s private life in electronic communications sector. It follows the General Data Protection Regulation (GDPR).

This draft......


BEHRING won the Client Choice Award 2017 for its telecom practice

Anne-Solène Gay is delighted to inform you that BEHRING just won the Client Choice Award 2017 for its practice in telecommunications law.

 

The official list of selected firms is available on the Client Choice website www.clientchoice.com and the page regarding BEHRING is accessible......


Open data in the health domain

To improve research and innovation in the health domain, the law n°2016-41 dated 26 January 2016 for the modernization of our health system created the national health data system.

This is a database gathering information concerning individual’s health history, such as their medical consultations,......


Plain packaging: the French administrative supreme court dismisses request brought by tobacco companies

As Australia and the United-Kingdom previously did, France adopted a regulation enforcing plain packaging. Therefore, since 1 January 2017, only plain packages can be stored on the tobacconist shelves.

By its decision dated 23 December 2016, the French administrative supreme court (Conseil d’Etat)......


Personal data: class actions are now possible

The law n°2016-1547 dated 18 November 2016 for the modernization of the justice of the XXIst century has extended the right to class action in many areas and notably regarding personal data processing.

Based on new Article 43 ter of the French data protection law (law n°78-17 dated 6 January 1978......


Roaming: The council of the European Union sets out its position on the wholesale roaming tariffs

On 2 December 2016, the Council of the European Union adopted a general guidance on the wholesale roaming tariffs that each telecom operator charges to other telecom operator who uses its mobile network for the purpose of the provision of roaming services.

The Council considers that the maximum......


The French Supreme Court dispels any doubt: an IP address is personal data

In its decision dated 3 November 2016, the French Supreme court brings to an end many years of uncertainty by explicitly acknowledging the status of personal data of an IP address.

The question relating to the IP address status has long been subject to debate within French judicial authorities......


The International Comparative Legal Guide to: Telecoms, Media & Internet Laws 2017

The International Comparative Legal Guide to: Telecoms, Media & Internet Laws 2017 has been published. BEHRING exclusive chapter for France is available here.

 

The complete Guide is now live on ICLG website and FREE to ......


Net neutrality: BEREC publishes guidelines in favour of the proponents of the net neutrality

After a public consultation which gave rise to many contributions, the Body of European Regulators for Electronic Communications (BEREC) published its guidelines on 30 August 2016.

These BEREC guidelines aim at providing guidance to national regulators on the implementation of net neutrality......


Privacy Shield: a threatened future

On July 12th 2016, the European Commission issued an adequacy decision according to which it recognizes that the Privacy Shield provides a level of protection “essentially equivalent” to European requirements.

The “Privacy Shield”, which has been negotiated for several months between the......


Brexit: possible consequences on data protection

On June 24th 2016, the United Kingdom voted its withdrawal from the European Union (EU).

Under article 50 of the Lisbon Treaty, the United Kingdom (UK) will have to serve notice of intention to exit the EU to the European Commission. The UK will then have a two year period to negotiate its exit......