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Tag Archives: France

Posted in Data Protection & Privacy Christine GateauWinston MaxwellChristelle CoslinPauline 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 … Continue Reading

Posted in Data Protection & Privacy, Policy & Regulation Winston MaxwellPatrice Navarro

One day before the entry into force of the GDPR, the French bill is adopted… but referred to the French Constitutional Council (“Conseil Constitutionnel”)

The General Data Protection Regulation (GDPR) will enter into force on 25 May 2018. In light of the urgency to adapt Law no. 78-17 dated 6 January 1978 to the new European Union law, the French Government has initiated an accelerated procedure. This procedure led to the adoption in final reading by the French National Assembly of the bill on Continue Reading

Posted in Data Protection & Privacy Winston MaxwellPatrice Navarro

Hosts of health data: certified compliant!

The Decree No 2018-137 of 26 February 2018 on the hosting of personal health data has been published on 28 February 2018 in the Official Journal.  The Decree defines notably the arrangements for implementing the procedure for certifying hosts of health data.

Context

The Decree has been adopted pursuant to Order No 2017-27 of 12 January 2017 on the hosting … Continue Reading

Posted in Copyright, Entertainment & Content, Policy & Regulation

French Supreme Court: Internet intermediaries must pay for blocking measures against illegal streaming websites

On 6 July 2017, the French Supreme Court (Cour de cassation) confirmed a decision of the Paris court of appeal dated 15 March 2016 (RG No. 040/2016) which held that Internet intermediaries must bear the costs for implementing blocking measures against illegal streaming websites.

Legal background

Article L. 336-2 of the French intellectual property Code (“IPC”) allows … Continue Reading

Posted in Digital Single Market (EU) Christelle Coslin

Hogan Lovells Paris TMT seminar on “Digital Single Market: strength through union?”

Hogan Lovells’ Paris office recently hosted a seminar on the Digital Single Market, the strategy launched a year ago by the European Commission, in the context of the French Digital Republic Bill which is currently being discussed before the French Parliament.

In May 2015, the European Commission launched its Digital Single Market strategy to make the EU single market fit … Continue Reading

Posted in Policy & Regulation

Hogan Lovells partner named to French media regulator’s think tank

Hogan Lovells’ partner Winston Maxwell was appointed as one of the nine outside experts for a think tank called “CSA Lab” which has been launched by France’s audiovisual regulator, the Conseil Supérieur de l’Audiovisuel (CSA). The CSA lab will provide forward-looking insight on how audiovisual regulations should evolve in light of digital transformations of audiovisual creation and distribution. … Continue Reading

Posted in Data Protection & Privacy Winston Maxwell

CNIL’s New Role: Overseeing Website Blocking

In an April 15, 2016 report, the French Data Protection Authority, the CNIL, provided details about its little-known responsibility as overseer of the French police’s website-blocking powers.  The French legislature gave the CNIL this new role in a November 13, 2014 law designed to enhance French police powers against terrorism. The 2014 law increased French police and intelligence agencies’ … 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 Data Protection & Privacy Eric ParocheFalk SchoeningMartin SuraChristoph WünschmannChristian Ritz

Big Data – Big Competition Issues? German and French antitrust regulators publish joint paper “Competition Law and Data”

Big data is no longer a term used only by the digital economy. Competition law agencies in Germany and France significantly ramp-up their enforcement tools in the light of technology-driven market changes. As regulators aim at being on par with market players dealing with big data, such companies need to carefully analyze whether the approach taken in the EU can … 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 Broadcasting, Internet Winston MaxwellCamille Pecnard

French Court: Important ruling on ‘must carry’ override issue in real-time streaming case

Leaving in place the lower court’s €1million damages award, the Paris Court of Appeals recently held that the live streaming website “PlayTV” infringed both the broadcaster’s “neighboring rights” in the broadcast, and the copyright in the underlying programs. This part of the decision is not a surprise. It confirms that picking up broadcast signals, and making the programs available via … Continue Reading

Posted in Data Protection & Privacy Patrice Navarro

French National Assembly Votes to Align the CNIL’s Sanctioning Powers with the GDPR

While organizations in the EU will have to get used to the possibility of receiving fines of up to 4% of total worldwide annual turnover when the General Data Protection Regulation (GDPR) comes into force in roughly 2 years’ time, organizations in France should prepare for higher sanctions sooner.

A bill, passed by the French National Assembly on 26th January … Continue Reading

Posted in Policy & Regulation Winston MaxwellChristine 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 … Continue Reading

Posted in Data Protection & Privacy Christopher WolfWinston Maxwell

Why the U.S. Is Held to a Higher Data Protection Standard Than France

In a recent column for The New York Times, Nils Muiznieks, the top human rights official for the Council of Europe, warned that recent surveillance laws in Europe undermine fundamental rights for European citizens. Plus, an October 29, 2015, resolution of the European Parliament complains of an “obvious downward spiral” resulting from mass surveillance laws in the U.S. and … Continue Reading

Posted in Data Protection & Privacy Sarah Taieb

CNIL Head of Compliance Explains Approach on Connected Devices, Including Smart Meters

Speaking at a recent conference organized jointly by AmCham and EY on “the Internet of Things, Opportunities and Challenges for the Protection of Personal Data”, Sophie Nerbonne, Head of Compliance at the French data protection authority (the CNIL) explained how the CNIL views the opportunities and risks raised by connected devices, focusing particularly on smart meters as a scheme that … Continue Reading

Posted in Data Protection & Privacy Winston Maxwell

French Surveillance Law Permits Data Mining, Drawing Criticism from Privacy Advocates

Adopted by Parliament in June 2015, France’s new surveillance law was ratified by the President on July 24, 2015 and published in France’s Official Journal on July 26, 2015.  France’s Constitutional Court (“Court”) reviewed the law prior to its ratification and issued an opinion on July 23, 2015 requiring deletion of certain measures that the Court felt were incompatible … Continue Reading

Posted in Data Protection & Privacy Christine GateauDavid TaylorWinston MaxwellDr. 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 … 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 Policy & Regulation

Taxation of the Digital Economy

The emergence of a digital economy presents challenging tax questions. The non-tangible nature of the new technologies affects the ability of the tax authorities to successfully tax digital transactions and leads to a shortfall in fiscal revenue. Governments are therefore trying to reform their tax rules in order to be able to tax part of the profits made by digital … Continue Reading

Posted in Data Protection & Privacy Winston MaxwellPatrice Navarro

CNIL Releases BYOD Guidelines

Security concerns and the need to increase cyber security measures have recently boosted the use of Bring Your Own Device (BYOD) policies in France. Recent events have exacerbated fears of data breaches and hacking for IT managers who were not overly concerned before. As a consequence, IT security teams are seeking to apply the same security and device management systems … Continue Reading

Posted in Internet, Policy & Regulation Winston Maxwell

French initiative to regulate digital platforms

On February 17, 2015, France’s telecommunications regulator, ARCEP, voiced support for imposing a duty of fairness on digital platforms, with additional regulatory obligations to be imposed on so-called “major” platforms. As discussed below, because many key questions remain unanswered, it would be prudent for companies operating in this space to continue monitoring for new developments.

As background the ARCEP’s opinionContinue Reading

Posted in Copyright, Policy & Regulation Camille Pecnard

France: A first! – Approval by the Council of State (“Conseil d’Etat”) of the scales relating to the remuneration for private copying established by the Commission Copie Privée.

Much awaited by rights holders and members of the industry alike, the Council of State (the French highest administrative court) rendered, on 19 November 2014, two decisions approving the remuneration scales established by decisions No. 14 of 9 February 2012 and No. 15 of 14 December 2012 of the French Committee provided for by Article L. 311-5 of the French … 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