Tag Archives: Olivier Proust

French Court of Cassation Excludes Application of Data Protection Act to Competition Authority’s Investigation

On November 30, 2011, the French Court of Cassation upheld a decision that excluded the application of the French Data Protection Act (Loi relative à l’informatique, aux fichiers et aux libertés) to an investigation conducted by the French Competition Authority (Autorité de la Concurrence) on the grounds that the search and seizure was authorized by an “freedoms and custody judge” (juge des libertés et de la détention).

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Hunton & Williams on the BCR Forefront

Shortly before Viviane Reding, Vice-President of the European Commission and Commissioner for Justice, Fundamental Rights and Citizenship, gave her keynote address on binding corporate rules (“BCRs”) at the IAPP Europe Data Protection Congress in Paris, Hunton & Williams co-authored two articles on BCRs with the French Data Protection Authority (“CNIL”):

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

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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Hunton Hosts Webinar on Preparing for the EU Cookie Law

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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Richard Thomas Interviews Lisa Sotto, Author of the Privacy and Data Security Law Deskbook Published by Aspen Publishers

Richard Thomas (RT): Lisa, congratulations on the publication of the new treatise.  I’m sure the Privacy team has been waiting for its release.  Could you give us some background on what prompted you and the team to write the Privacy and Data Security Law Deskbook?

Lisa Sotto (LS): Thanks, Richard.  Privacy and information security are topics that have received significant attention during the last few years.  Organizations that manage personal information are under the microscope and are struggling to keep up with the many new and evolving legal requirements around the world.  In addition, there is a real uptick in enforcement actions for privacy and data security incidents.  As the former Information Commissioner of the UK, I’m sure you would agree that privacy is an issue on which nearly every global company must focus.  In 2009 alone, companies spent an average of $6.6 million to rebuild their brand image and retain customers after being involved in some type of data breach the previous year.

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Hunton & Williams’ Privacy Team Releases Privacy and Data Security Law Deskbook

On July 20, 2010, Hunton & Williams announced the release of the first edition treatise Privacy and Data Security Law Deskbook (Aspen Publishers) by lead author Lisa J. Sotto, managing partner of the firm’s New York office and head of the firm’s global Privacy and Information Management practice.  The deskbook provides a detailed overview (with thousands of specific citations for the legal practitioner) of those areas of information privacy and data security law that have the greatest impact on and are most relevant to U.S. businesses operating in the global arena.  In addition, the treatise contains a collection of sample documents, charts, checklists and other compliance-enabling tools.  View the press release on the Privacy and Data Security Law Deskbook.

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French Court Rules Investigation by Competition Authority Did Not Breach Employee Privacy Rights

On February 19, 2010, the Court of Appeals of Versailles (the “Court”) upheld the unlimited seizure and review of a company’s emails by several agents of the French Competition Authority (Autorité de la Concurrence).  The agents had been authorized by a lower court judge to inspect the emails pursuant to an investigation into an alleged abuse of dominant position in the pharmaceutical market.

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French Senate Issues Amended Bill on the Right to Privacy in the Digital Age

On February 24, 2010, the French Senate’s Committee of Laws published an amended bill on the right to privacy in the digital age (“Proposition de loi visant à garantir le droit à la vie privée à l’heure du numérique”) (the “Bill”).  Following the initial draft presented by Senators Yves Détraigne and Anne-Marie Escoffier, this revised version is based on a second Senate Report in which concrete proposals are made to amend the Data Protection Act.

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