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Global Media and Communications Watch The International Legal Blog for the Tech, Media and Telecoms Industry

Christine Gateau

Posts by Christine Gateau
Posted in Data Protection & Privacy, Policy & Regulation Photo of Winston MaxwellPhoto of Christine Gateau

An Approach for Setting Administrative Fines Under the GDPR

Article 83 of the GDPR provides for two levels of administrative fines: a lower level – maximum of €10 million or 2% of the global turnover – for violations relating to record-keeping, data security, data protection impact assessments, data protection by design and default, and data processing agreements; and a higher level – maximum of €20 million or 4% of the global turnover – for violations relating to data protection principles, the legal basis for processing, information to data subjects, the prohibition of processing sensitive data, denial of data subjects’

Posted in Cybersecurity, Data Protection & Privacy Photo of Christine GateauPhoto of Michelle KisloffPhoto of Adam Cooke

Going global: Data class actions make their way to the EU

Class actions have become an increasingly common means to seek redress in data privacy cases. With data breaches and data privacy claims on the rise, we asked our lawyers in France and the U.S. what you should bear in mind. How real is the risk of class actions in data privacy? Michelle Kisloff, U.S.: Class actions have long been a fact of life in the U.S., in areas ranging from securities, product liability, employment and consumer protection, to name a few. For the past several years, they have been on

Posted in Internet, Policy & Regulation, Technology Photo of Christine Gateau

Overcoming IoT litigation challenges: Will regulatory developments in the EU influence the design of connected devices?

How large is the market for the Internet of Things (IoT)? In 2017, the number of IoT products in use was about 8.4 billion. That’s a massive number, and a 31 percent increase over the previous year. And the market continues to grow exponentially; connected products are now found in virtually every area of our lives. So are regulations keeping pace? In this hoganlovells.com interview, Christine Gateau, a partner at Hogan Lovells in Paris, explores IoT regulatory developments in the EU and their impact on litigation, explains provisions of the

Posted in Data Protection & Privacy, Internet Photo of Christine GateauPhoto of Michelle Kisloff

The Internet of Things Webinar Series: Overcoming IoT Litigation Challenges

On October 2, 2018, Hogan Lovells hosted the most recent instalment in its Internet of Things Webinar (IoT) Series. Two of our experienced litigation partners, Christine Gateau in Paris and Michelle Kisloff in Washington DC, discussed current regulatory actions and cutting-edge IoT litigation debates in the U.S. and Europe, as well as litigation risks to keep in mind when designing IoT products. To hear more on this topic, please access the full webinar recording using this link.  

Posted in Data Protection & Privacy, Internet Photo of Christine GateauPhoto of Michelle Kisloff

Invitation: The Internet of Things Webinar Series: Overcoming IoT Litigation Challenges

We are pleased to invite you to the next webinar in our Internet of Things (IoT) series. As IoT technology and devices continue their rapid advancement, they will have a very real role in litigation. In this 60-minute webinar, we’ll help you prepare for the expected and the unexpected, focusing on risk assessment, rising issues, and key challenges, so you can have a strong litigation strategy in place – whether you’re designing a device, using the technology, or facing a current issue. Join two highly experienced litigators, partners Christine Gateau

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of Winston MaxwellPhoto of Eduardo Ustaran

The General Data Protection Regulation timidly opens the doors to data class actions in Europe

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. Acknowledging this, the General Data Protection Regulation (GDPR)3 was finally adopted by the European Parliament on 14 April 2016, entering into force in May 2016 and becoming directly applicable in all Member States on 25 May 20184. The GDPR targets the data controller or its processor and provides a set of standardised rules relating to

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of Winston MaxwellPhoto of Christelle CoslinPhoto of Pauline Faron

French initiatives: “class action” or “collective action” for personal data protection?

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 hesitation and numerous debates, the collective action for data protection finally became a reality in November 2016 thanks to the adoption of the law on the modernisation of 21st century

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of Winston MaxwellPhoto of Eduardo Ustaran

Four key lessons when facing data class actions in Europe

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. Damages In the US, many class actions are dismissed for lack of ‘standing’, i.e. because the litigants do not demonstrate that they suffered an ‘injury in fact’ that is concrete and actual or imminent. Does the US ‘injury in fact’ standard apply for data class actions in Europe? Under the GDPR,

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of Tim WybitulPhoto of Michelle Kisloff

Data Class Actions: the era of mass data litigation

Class actions are commonplace in the United States but relatively rare in Europe. 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 its extraterritorial applicability, it will affect business globally. Every day, somewhere in the world, the media report that data for large numbers of individuals, often millions of people, have been breached. It

Posted in Data Protection & Privacy, Internet, Technology Photo of Christine Gateau

Following a cyber attack, IoT device manufacturers, data controllers, and sellers could face liability under the EU’s Product Liability Directive and the GDPR

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 hoganlovells.com interview, Christine Gateau, a Hogan Lovells partner based in Paris, introduces the concept of multiple sources of liability within the IoT. She discusses claims that can be brought against

Posted in Data Protection & Privacy, Internet, Policy & Regulation Photo of Christine GateauPhoto of Christelle CoslinPhoto of Pauline Faron

First views from the CJEU on how to build a consumer collective action in the Schrems v Facebook Ireland case: The concept of “consumer” and lack of jurisdiction of the consumer’s home court over assigned claims

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: A consumer’s right to have a claim heard in his or her home court under European law does not extend so as to confer jurisdiction on that same court where claims have been assigned by other consumers domiciled in other countries. One should be regarded as a “consumer” in the context of

Posted in Data Protection & Privacy, Internet, Policy & Regulation Photo of Christine GateauPhoto of Pauline 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 still need to be published before the Law will become fully effective.  The Government published a provisional calendar of the dates when the Decrees should be ready and intends for

Posted in Copyright, Digital Single Market (EU) Photo of Christelle CoslinPhoto of Christine Gateau

DSM Watch: European Commission presents targeted approach to online platforms

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 are similar to the ones mentioned in the draft released by the website statewatch.org mid-April (see https://www.hlmediacomms.com/2016/04/28/dsm-watch-online-platforms-commission-communication-to-be-the-next-major-milestone-on-the-road-to-a-digital-single-market/), even though the wording has been changed to a large extent. The starting point remains

Posted in Internet Photo of Christine GateauPhoto of Pauline 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 operators of online platforms overall remains the same.  The Senate merely reiterated that the purpose of this provision is not to create a third category of intermediaries but to suggest

Posted in e-commerce, Internet Photo of Christine GateauPhoto of Winston MaxwellPhoto of Pauline 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 of operators of online platform towards consumers. The Digital Bill proposes to impose on all operators of online platforms a general duty to deliver “loyal, clear and transparent information on the

Posted in e-commerce, Internet Photo of Christine GateauPhoto of Pauline 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 2016 and subsequently transmitted to the French Senate where it should be reviewed in the course of Spring 2016. Since the beginning of the discussions around the Digital Bill, one

Posted in Policy & Regulation Photo of Winston MaxwellPhoto of Christine Gateau

France’s proposed digital law draws criticism

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 requests. The French proposal on data portability goes beyond the provisions of the European General Data Protection Regulation (GDPR). The GDPR would require portability only of personal data provided by

Posted in Data Protection & Privacy Photo of Christine GateauPhoto of David TaylorPhoto of Winston MaxwellPhoto of Dr. Marcus Schreibauer

Hogan Lovells Paris seminar on how to face challenges raised by cybercrime

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 must now face.  The seminar featured presentations of renowned experts who provided their insight on how to improve companies’ cybersecurity. This seminar was introduced by Christine Gateau, Winston Maxwell and

Posted in Internet, Policy & Regulation Photo of Pauline FaronPhoto of Christine 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 to improve transparency and participation of citizens, as well as opening up public data to support innovation, the sharing of information and experiences. The third part of the Report is dedicated to the

Posted in Internet, Policy & Regulation Photo of Pauline FaronPhoto of Christine Gateau

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

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). As reported last October 2014, this Report is the result of a five-month (October 2014 – February 2015) national consultation launched by French Prime Minister Manuel Valls, along with State Secretary for digital economy Axelle Lemaire. Overall, 17,678 contributions were received from 2,300 contributors. On the basis of these contributions, the French Digital Council drafted its Report

Posted in Internet, Policy & Regulation Photo of Christine GateauPhoto of Pauline 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 adoption in the coming months of a law on intelligence, the French Government wants from now on to fight digital propaganda by increasing the number of cyber patrols and improving

Posted in Data Protection & Privacy, Internet, Policy & Regulation Photo of Christine GateauPhoto of Pauline 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 tool of growth, competitiveness, education, culture, justice and equality“.  The main goal of this national consultation is to issue independent opinions and recommendations on any question relating to the impact of digital technologies

Posted in Data Protection & Privacy, e-commerce, Internet, Policy & Regulation Photo of Christine Gateau

Hogan Lovells Paris IoT seminar features “La Poste” connected home strategy

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 or the user. The interconnection between connected products allows the gathering, processing and permanent transfer of this information, thereby further blurring the boundaries between the real and virtual worlds. However,

Posted in Data Protection & Privacy, e-commerce, Internet, Policy & Regulation Photo of Christine GateauPhoto of Pauline 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 the French Directorate General for Competition Policy, Consumer Affairs and Fraud Control (Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes, “DGCCRF”). In January 2013, MEP Françoise Castex