Tag Archives: France

French Appeals Court Suspends U.S. Company’s Whistleblower Program

Posted on October 13, 2011 by Hunton & Williams LLP

On September 23, 2011, the Labor Chamber of the Court of Appeals of Caen (the “Court”) upheld a decision to suspend a whistleblower program implemented by a U.S. company’s French affiliate, despite the fact that the French Data Protection Authority (the “CNIL”) had inspected and approved the program prior to implementation. This decision follows recent amendments to the legal framework for whistleblower programs in France.

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French Data Protection Authority Moves Forward with Privacy Seal Project

Posted on October 4, 2011 by Hunton & Williams LLP

On September 22, 2011, new provisions under the French Data Protection Authority’s (“CNIL’s”) internal regulation (Délibération n°2011-249 du 8 septembre 2011) came into force. The CNIL recently amended its regulations to incorporate a new chapter (Chapter IV bis) that sets forth a specific procedure for issuing privacy seals in accordance with the French Data Protection Act. The Act authorizes the CNIL to “issue a quality label to products or procedures intended to protect individuals with respect to processing of personal data, once [the CNIL] has recognized them as in compliance with the provisions of the Act.”

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French Data Protection Authority Elects New Chair

Posted on September 21, 2011 by Hunton & Williams LLP

On September 21, 2011, the board of the French Data Protection Authority (the “CNIL”) elected Isabelle Falque-Pierrotin as its new Chair, following Alex Türk’s resignation which he officially tendered at the board meeting.

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Chairman of French DPA Announces Resignation

Posted on September 15, 2011 by Hunton & Williams LLP

On September 14, 2011, Alex Türk announced that he will be resigning his position as Chairman of the French Data Protection Authority (the “CNIL”), in accordance with a recent amendment to the French Data Protection Act (Loi n° 2011-334 du 29 mars 2011 relative au Défenseur des droits).  The amendment prohibits the CNIL’s Chairman from holding any other elected office or public position.  Although this restriction does not enter into force until September 1, 2012, Mr. Türk, who also serves as a senator in the French Parliament, chose to resign prior to the upcoming French senatorial elections, set for September 25, 2011.

Mr. Türk will officially tender his resignation at the next CNIL board meeting, on September 21, 2011.  The resignation will be effective immediately, and a new Chairman will be elected that same day.

For more information (in French), view the CNIL’s press release.

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France Introduces Data Security Breach Notification Requirement for Electronic Communication Service Providers

Posted on August 26, 2011 by Hunton & Williams LLP

On August 24, 2011, France’s new law concerning electronic communications (Ordonnance n° 2011-1012 du 24 août 2011 relative aux communications électroniques, or the “Ordinance”) came into force.  The Ordinance implements the provisions of the revised EU Directive 2002/58/EC (the “e-Privacy Directive”) with respect to the French Data Protection Act of 1978, the French Postal and Electronic Communications Code and the French Consumer Protection Code.  In particular, the Ordinance introduces new provisions under the French Data Protection Act, which impose an obligation on electronic communication service providers to provide notice in the event of a data security breach.  Continue reading…

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France Introduces Prior Opt-in Consent for Cookies

Posted on August 26, 2011 by Hunton & Williams LLP

On August 24, 2011, France’s new law concerning electronic communications (Ordonnance n° 2011-1012 du 24 août 2011 relative aux communications électroniques, or the “Ordinance”) came into force.  The Ordinance implements the provisions of the revised EU Directive 2002/58/EC (the “e-Privacy Directive”) with respect to the French Data Protection Act of 1978, the French Postal and Electronic Communications Code and the French Consumer Protection Code.  Specifically, the Ordinance amends the existing legal framework concerning cookies and introduces an opt-in regime for the use of cookies. Continue reading…

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French Data Protection Authority Releases New Guidance for Health Professionals

Posted on July 6, 2011 by Hunton & Williams LLP

On July 1, 2011, the French Data Protection Authority (the “CNIL”) released a comprehensive handbook for health professionals (the “Guidance”).  The Guidance reiterates that health professionals (e.g., doctors, nurses, hospitals, research laboratories) have an obligation to comply with the French Data Protection Act when collecting and processing health data on patients.

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Hunton Hosts Webinar on Preparing for the EU Cookie Law

Posted on June 13, 2011 by Hunton & Williams LLP

On June 6, 2011, Hunton & Williams hosted a panel discussion on what organizations in the UK, France, Germany and the Netherlands are doing to comply with the EU’s new cookie law.  The webinar, Consent for Cookies: Preparing for the EU Cookie Law, featured David Evans, Group Manager of Business and Industry of the UK Information Commissioner’s Office, and Hunton & Williams Brussels-based associates Olivier Proust, Dr. Jörg Hladjk and Martijn ten Bloemendal.  The panel was moderated by Bridget C. Treacy, partner in the London office of Hunton & Williams.  Listen to the webinar now.

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Webinar on Consent for Cookies: Preparing for the EU Cookie Law

Posted on May 27, 2011 by Hunton & Williams LLP

On June 6, 2011, join Hunton & Williams for a panel discussion on the implementation of the new EU Cookie Law in the UK, France, Germany and the Netherlands.  EU law on the use of cookies is changing.  Opt-in consent will be required, but specific requirements may differ across the EU.  What are organizations doing to ensure compliance with the new cookie law?  Listen to David Evans, Group Manager of Business and Industry of the Information Commissioner’s Office, explain the steps that UK organizations are expected to take.  Learn about cookie compliance in France, Germany and the Netherlands.  Register now for this complimentary webinar.

Update: A recording of the webinar is now available online.

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French Data Protection Authority Unveils its Goals for 2011 Inspections

Posted on April 27, 2011 by Hunton & Williams LLP

On April 26, 2011, the French Data Protection Authority (the “CNIL”) issued a press release unveiling its inspection goals for the coming year.  In a report adopted on March 24, 2011, the CNIL indicated that it intends to conduct at least 400 inspections in France (100 more than the 2010 goal), with a special focus on the following issues: Continue reading…

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