More than 15 years after the adoption of the Data Protection Directive1, the European Commission noticed that the current legislative framework on data protection did not adequately deal with the risks associated with online activity2.
Both the French Council of State in its annual report for 2014 as well as the National Digital Council (hereinafter, “CNNum”) in its “Digital Ambition” report voiced support for the creation of an action enabling consumers to collectively seek redress for violations of regulations protecting personal data.
However, their recommendations are different regarding the goal of this action.
After some … Continue Reading
Could the GDPR give rise to forum shopping and are there any pre-litigation strategies that should be considered? Here, we review four key elements that should be kept in mind in respect of data class actions in the EU.
In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that … Continue Reading
The European Union wants to change that, by facilitating class actions for mass privacy and data breaches.
With the development of big data, the scope and impact of potential data breaches or losses have indeed significantly increased. In the EU, the GDPR comes into effect. Due to … Continue Reading
Advancements in technology may provide consumers with a continuous stream of upgraded products, but they’re also proving that current security and privacy regulations fall short within the Internet of Things (IoT). New devices with unprecedented capabilities are challenging traditional beliefs about liability and consumer protections. In an environment of ever-changing regulations, how do device manufacturers reduce liability risks?
In this … Continue Reading
|The famous case brought by Maximilian Schrems against Facebook Ireland in Austria, aimed to become an international and large data protection class action, led on 25 January 2018 to a ruling from the CJEU on two main points:
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
On 25 May 2016, the European Commission published a long-awaited Communication on “Online Platforms and the Digital Single Market: Opportunities and Challenges for Europe“, together with a Staff Working Document. Both documents rely on the results of the public consultation on online platforms carried out between September 2015 and January 2016. The main ideas developed in the Communication … Continue Reading
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
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.
First of all, the Digital Bill only provides a duty of loyalty and transparency … Continue Reading
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
After a broad public consultation, the French government has introduced into Parliament a proposed law that would constrain the activities of digital service providers. As discussed below, the proposal contains several controversial elements.
Data portability. The most controversial part of the proposal would require online service providers to transfer user data to other competing service providers if the user so … Continue Reading
On 11 June 2015, Hogan Lovells’ Paris office hosted a seminar on cybercrime, focusing on practical ways for companies to address cybersecurity challenges.
Whether it takes the form of thefts or misappropriation of personal data or of attacks against a computer system or website, cybercrime is a threat that has considerably increased over the last years and that all companies … Continue Reading
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
On 18 June 2015, the “Digital Ambition” Report “for 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).
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
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
On 5 June, 2014, Hogan Lovells’ Paris office hosted a seminar on the Internet of Things, focusing on product liability, privacy, IP interoperability issues. The seminar featured presentations relating to the French post office’s plans to act as a central hub to facilitate “connected home” technologies.
Everyday products are now able to receive and store information regarding the product itself … Continue Reading
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
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
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
One of the growing focuses of French case law in the field of Internet law concerns advertising on social networks. A recent ruling was handed down by the French Supreme Court on this topic in a case concerning the advertising campaign for a famous French alcoholic beverage. This case had been brought forward by the French National Association for the … Continue Reading
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
On May 30, 2013, the Hogan Lovells Paris office hosted a seminar on internal and external social networks. While the informal nature of social networks, whether they are public or internallydeveloped by companies, is at the origin of their success, we still need to be aware that these platforms of self-expression are regulated. From labour law to personal data through … Continue Reading