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New Privacy Developments in France

DataGuidance spoke with Cécile Martin, Special International Counsel at Proskauer Rose LLP, at the International Association of Privacy Professionals’ Conference in Brussels in November 2016. Ce´cile discussed the passing of...more

French Data Protection Wants to Force Google to Extend the Right To Be Delisted to All the Search Engine’s Extensions

On March 10, 2016, the French data protection agency (« CNIL ») pronounced a €100.000 ($111,715) fine against Google Inc. for failure to comply with its formal injunction of May, 2015 ordering the company to extend delisting...more

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S., and...

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

A German DPA Questions the Validity of the Use of Consent and Model Contractual Clauses to Transfer Personal Data to the U.S.

Just one week after the milestone decision rendered by the CJEU to invalidate the Safe Harbor program established 15 years ago between the U.S. and the EU to facilitate the transfer of personal data from the EU to the U.S., a...more

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

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

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

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

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

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

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