Cecile Martin

Cecile Martin

Proskauer Rose LLP

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From the Right to be Forgotten to the Right to an “e-Reputation’’: First Enforceability Ordered by French Court under Penalty

A few months after the European Court of Justice ruled on May 13, 2014 that search engines are considered personal data controllers under the EU Data Protection Directive of 1995 and, as such, should provide data subjects...more

12/16/2014 - Data Controller EU Data Protection Laws France Google Right to Be Forgotten Search Engines

Toward the enforceability of the “right to be forgotten” in Europe

The European Court of Justice, in a decision rendered on May 13, 2014, held that search engines are considered data controllers under the Directive of October 24, 1995 on data protection, and as such they must provide data...more

9/25/2014 - Cookies Data Protection EU EU Data Protection Laws Internet Right to Be Forgotten Websites

France Facilitates Implementation of Whistleblowing Systems

In France, before implementing a whistleblowing process, a company must inform and consult with its employees’ representatives, inform its employees and notify the French Data Protection Agency (CNIL). There are two...more

7/2/2014 - CNIL Employer Liability Issues France Notice Requirements Whistleblowers

In The Netherlands And France: Can You Get Away With Insulting Your Boss On Social Media?

In France, judges consider that the answer to this question depends on the parameters of the employee’s profile on Facebook. In a decision of April 10, 2013, the French Supreme Court ruled that when insulting comments...more

10/15/2013 - Defamation EU Facebook Social Media

European Cross Border Employment Contracts: Which Law Applies?

According to the Rome Convention of June 19, 1980 (applicable for employment contracts entered into with until December 16th, 2009) as well as the European Regulation 593/2008 (for employment agreements concluded afterward),...more

10/15/2013 - Choice-of-Law Cross-Border Employment Contract EU Hiring & Firing

CNIL Cracks Down on Employee Video Monitoring and Password Strength

In a recent decision (deliberation CNIL May 30, 2013 n°2013-139), the French Data Protection Agency (CNIL) sanctioned a company for implementing a CCTV system without informing employees and because the CCTV enabled the...more

8/6/2013 - CNIL EU Surveillance Video Recordings

In France, Are Employers Entitled To Access Their Employees’ Personals Emails?

In France, the guiding principle is that emails received or sent by an employee through the employer’s company email account are considered “professional”, which means that the employer can access and read them....more

7/24/2013 - Email Employee Rights Employer Liability Issues EU Privacy Laws

Navigating the Patchwork: When Is European Data Privacy Law Applicable to US Companies?

Are social media companies based in the United States subject to European data privacy laws? Two recent judicial decisions – one in France and the other in Germany – arrived at different answers. The Civil Court of Paris held...more

4/17/2013 - EU EU Data Protection Laws Facebook Privacy Laws Social Media Social Media Policy Twitter

New Labor and Employment Legislation in France - Is French Labor Law Becoming More Flexible?

The combination of the economic crisis and the growth of emerging markets has led to many European governments announcing initiatives to reform employment legislation with the intent of making it simpler and more flexible so...more

4/3/2013 - EU Hiring & Firing Layoffs Relocation Settlement Wage and Hour

ALJ Applies Villanueva Factors, Finds Overseas Employee’s Whistleblower Claim “Territorial”

In Dos Santos v. Delta Airlines, Inc., 2012-AIR-20 (ALJ Jan. 11, 2013), an Administrative Law Judge (ALJ) of the U.S. Department of Labor (DOL) examined whether the facts alleged by the complainant required a territorial or...more

3/5/2013 - Adverse Employment Action DOL Extraterritoriality Rules FAA OSHA Whistleblowers

About the National Agreement Reached by Unions in France: Is French Labor Law Becoming More Flexible? Is the French Labor Code...

Over the past 2 years, several European countries, like Spain or the UK, have decided to simplify and lighten their labor and employment regulations to enable their companies to compete with emerging markets and to face the...more

2/7/2013 - Accord National Interprofessionnel Layoffs Restructuring Statute of Limitations Unions

5 Best Practices for Employers Addressing Social Media Use in the Workplace

For the second year in a row, Proskauer has conducted a global survey, “Social Media in the Workplace Around the World 2.0”, which addresses the use of social media in the work place....more

1/7/2013 - EU Facebook Hiring & Firing Privacy Policy Recruitment Policies Social Media Social Media Policy

How to deal with personal data for multinational companies?

For the first article of this blog, the Proskauer International Labor Group has decided to focus on this tricky question since we know that our friends and clients having an international presence face various issues when it...more

10/31/2012

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