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Pauline Faron

Posts by Pauline Faron
Posted in Data Protection & Privacy, Internet, Policy & Regulation Christine GateauPauline Faron

French law for a Digital Republic: what you should know, what you should expect

After numerous reports and propositions drafted over the past years, a public national consultation and almost a year of discussions before the French Parliament, the much awaited Law no. 2016-1321 of 7 October 2016 for a Digital Republic (“French Digital Law”) has finally been promulgated.  Although it officially entered into force on 9 October 2016, a number of implementing Decrees … Continue Reading

Posted in Internet Christine GateauPauline Faron

French “platform” regime: The saga continues after the adoption by the French Senate of the Digital Bill

On 3 May 2016, the French Senate adopted a new version of the French Digital Bill.  Below is what you should know about it, bearing in mind that this saga is not over yet as the Bill will now have to be reviewed by a Joint Committee composed of Senators and Deputies, in the next coming weeks.

The definition of Continue Reading

Posted in e-commerce, Internet Christine GateauWinston MaxwellPauline Faron

French Digital Bill: what obligations are imposed on platforms?

In our previous update, which can be found here, on the French bill “for a Digital Republic” (“Digital Bill”), we discussed the vague notion of platforms.

Here is what you should know about the obligations which are likely to be imposed on platforms.

Loyalty obligation

First of all, the Digital Bill only provides a duty of loyalty and transparency … Continue Reading

Posted in e-commerce, Internet Christine GateauPauline Faron

French Digital Bill: To be or not to be a platform?

After several months of public consultations, several versions of intermediate texts, the long-awaited bill “for a Digital Republic” (“Digital Bill”) was finally transmitted to the Council of Ministers last 9 December 2015 and officially presented to the French National Assembly.

An amended version of the Digital Bill was then adopted by the National Assembly in first reading on 26 January … Continue Reading

Posted in Internet, Policy & Regulation Pauline FaronChristine Gateau

Part 2 – French Digital Council Releases Its “Digital Ambition” Report

In the second part of the French Digital Ambition Report (the “Report”), entitled “towards a new concept of public action: openness, innovation, participation“, the French Digital Council highlights the need to induce public authorities to act with more transparency and efficiency. The 15 practical recommendations in this section focus on opening up and digitalizing public services, notably … Continue Reading

Posted in Internet, Policy & Regulation Pauline FaronChristine Gateau

Part 1 – French Digital Council Releases Its “Digital Ambition” Report

On 18 June 2015, the “Digital Ambition” Reportfor a French and European digital transition policy” (“the Report”) was submitted to the French Prime Minister by the French Digital Council (Conseil National du Numérique).

As reported last October 2014, this Report is the result of a five-month (October 2014 – February 2015) national consultation launched … Continue Reading

Posted in Internet, Policy & Regulation Christine GateauPauline Faron

Fight against terrorism on the Internet: France strengthens its legal arsenal

Following the recent terrorist attacks that occurred in Paris, the French Prime Minister Manuel Valls asked the Minister of the Interior, Bernard Cazeneuve, to offer up suggestions for strengthening the fight against terrorism on the Internet and social networks, which may be used for indoctrinating, getting in touch and acquiring techniques enabling the acting out of terrorist acts. Besides the … Continue Reading

Posted in Copyright, e-commerce, Entertainment & Content, Internet, Policy & Regulation Camille PecnardPauline Faron

Paris Court of Appeal orders video-sharing website Dailymotion to pay substantial damages for failure to promptly remove infringing content

In a recent decision of the Paris Court of Appeal dated 2 December 2014, the French video-sharing website Dailymotion was held liable to pay more than 1,2 million Euros in damages to the French TV channel TF1 and other stakeholders on the grounds that Dailymotion did not promptly remove around 60 videos unlawfully made available online in breach of TF1’s … Continue Reading

Posted in Data Protection & Privacy, Internet, Policy & Regulation Christine GateauPauline Faron

French Digital Council launches consultation on digital technology

On 4 October 2014, French Prime Minister Manuel Valls, along with State Secretary for digital economy Axelle Lemaire, launched a national consultation on digital technology, which will be implemented under the aegis of the French Digital Council (Conseil National du Numérique). In this scope, Prime Minister Manuel Valls expressed his wish for digital technology to become “a Continue Reading

Posted in Data Protection & Privacy, e-commerce, Internet, Policy & Regulation Christine GateauPauline Faron

IP Tracking: French authorities investigate pricing by travel websites

In June 2013, the French National Commission on Information Technology and Liberties (Commission Nationale de l’Informatique et des Libertés, “CNIL”) announced that, following a question of Member of European Parliament Françoise Castex, it was going to investigate IP Tracking practices that e-commerce sites allegedly used to illegitimately increase their prices. This investigation was carried out in close connection with … Continue Reading

Posted in Advertising, Internet Pauline FaronChristine Gateau

AdWords: Paris Court of Appeal confirms Google is a mere provider of hosting services

In a recent decision dated 11 December 2013, the Paris Court of Appeal confirmed that Google is a mere provider of hosting services within the meaning of the e-commerce directive and can hence benefit from the limited liability regime associated with this status.

This case involved a French actor who sued a press editor in 2008, Prisma Presse, as well … Continue Reading

Posted in Copyright, e-commerce, Internet, Policy & Regulation Christine GateauPauline Faron

Fight against online counterfeiting: French Minister for Culture and Communication wants providers of hosting services to get more involved

In August 2012, the French Government asked Mr Pierre Lescure to draft a report on digital contents and cultural policy in the digital age. The Report, which was submitted on 13 May 2013, identifies the issues created by the digital economy in every field of creation (music, cinema, literature, photography, media etc.), and details 80 proposals (http://www.culturecommunication.gouv.fr/var/culture/storage/culture_mag/rapport_lescure/index.htm#/). With … Continue Reading

Posted in Copyright, e-commerce, Internet, Telecoms & Broadband Christine GateauPauline Faron

Take down, stay down: Paris Court of Appeal confirms hosting providers have no general monitoring obligation

In a recent decision dated 21 June 2013, the Paris Court of Appeal endorsed the reasoning adopted a year ago by the French Supreme Court in three decisions involving Google (French Supreme Court, 12 July 2012, no. 11-13.666, 11-15.165/11-15.188, 11-13.669) and decided that there is no obligation for providers of hosting services to prevent the reappearance of contents they have … Continue Reading

Posted in Advertising, Internet Christine GateauPauline Faron

The French Supreme Court Confirms the Use of a Competitor’s Trademark as Keyword

In a recent decision dated 29 January 2013 (http://www.legifrance.gouv.fr/affichJuriJudi.do?oldAction=rechJuriJudi&idTexte=JURITEXT000027024140&fastReqId=405377599&fastPos=1), the French Supreme Court reaffirmed its position regarding Google’s paid referencing service, AdWords.

This particular case involved two competitors, Cobrason and Solutions, which both sell video and hi-fi products online. Cobrason noticed that when an Internet-user types “Cobrason” on the website www.google.fr, a commercial link concerning its competitor, Solutions, … Continue Reading