The criminal liability of the absorbed company is transferred to the absorbing company, regardless of the corporate form of the company involved in the merger by absorption.
In a ruling handed down on May 22, 2024, 1 the...more
Two decisions handed down in quick succession by the Paris and Toulouse Courts of Appeal highlight the complex interplay between interests at stake in each case.
Both of the judicial decisions in question concerned...more
The Paris Judicial Court handed down the first ruling on the legal compliance of a vigilance plan.
On 15 January 2024, the Paris Court of Appeal announced the creation of a chamber dedicated to emerging litigation, in...more
As the first EU country to transpose the CSRD into national law, France will gradually replace the EFPD with sustainability reporting under the new directive.
The Corporate Sustainability Reporting Directive (the CSRD)...more
The French High Authority for Transparency in Public Life aims to clarify the system for lobbyists and provide a more accurate view of lobbying activity, in order to enable further structural changes.
On July 3, 2023, the...more
The guidelines provide useful insights into the mechanism of settlement agreements in criminal cases, and supersede previous guidelines published on June 26, 2019.
Article 22 of Law No. 2016-1691 of December 9, 2016...more
2/9/2023
/ Civil Monetary Penalty ,
Corporate Crimes ,
Corruption ,
Criminal Prosecution ,
Deferred Prosecution Agreements ,
Enforcement Actions ,
Environmental Violations ,
France ,
New Guidance ,
Settlement Agreements ,
Tax Evasion ,
White Collar Crimes
Companies operating in France should implement or adapt their reporting mechanisms to comply with the new requirements.
On 1 September 2022, new protections for whistleblowers in France entered into force. The protections...more
A new decree and a ministerial order strengthen cooperation between French ministries, reflecting the government’s desire to monitor more closely certain foreign discovery requests.
Overview -
Originally enacted in...more
The report, published on 24 February 2022, assesses the implementation of the existing French corporate duty of vigilance law.
French Statute No. 2017-399 of 27 March 2017 (the 2017 Statute) created a duty of vigilance...more
On 23 February 2022, the European Commission adopted its much-anticipated proposal on corporate sustainability due diligence. By setting a standard, the future directive will not only help improve corporate sustainability,...more
In light of a landmark decision from France’s highest court, acquiring companies will have to give greater consideration to criminal risks potentially weighing on them as a result of the merger.
The Cour de cassation (the...more
As the Representative Action Directive enters into force, France will have to adopt a cross-border mechanism and expand the scope of entities qualified to bring consumer class actions.
The European Parliament has endorsed...more
The French National Financial Prosecutor and the French Anticorruption Agency have released guidelines on the French deferred prosecution agreement, that offers a few welcome clarifications.
After years of debate on the...more
The closure of four cases involving targeted advertising provides lessons for navigating compliance standards under the GDPR.
The recent closure of cases brought by the French Data Protection Authority (CNIL) against four...more
3/28/2019
/ Advertising ,
Behavioral Advertising ,
CNIL ,
Consent ,
Corporate Counsel ,
Data Protection ,
e-Privacy Directive ,
Enforcement Actions ,
European Data Protection Board (EDPB) ,
France ,
General Data Protection Regulation (GDPR) ,
Geolocation ,
Ireland ,
Personal Data ,
UK
The enactment of Law No. 2018-493 represents a significant milestone in France’s implementation of the new European corpus on data protection.
Key Points:
..The new law increases fines and considerably reinforces the...more
Changes to France's anti-bribery system require large companies and their top management to implement an anti-corruption compliance program.
After a new examination of the bill by both Chambers of Parliament and the...more
France to introduce significant changes affecting large companies and top management, to improve current anti-bribery system.
The French Parliament is expected to enact “Sapin II” on transparency, anti-corruption and...more