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BCLP

The 'Juge Des Référés' Lacks Jurisdiction to Order the Closure of a Fraudulent Website

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In a ruling dated 2 April 2024 (Tribunal Judiciaire de Paris, 2 April 2024, RG no. 24/51659), the President of the Tribunal Judiciaire de Paris confirmed that he could no longer be seised in référé (summary proceedings)...more

BCLP

No General Obligation on Website Hosts to Monitor the Data They Transmit and Store

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In a ruling dated 27 March 2024 (Cour de cassation, 27 March 2024, no. 22-21.586), the Cour de cassation reviewed the obligation of website hosts to monitor the content they host....more

Barnea Jaffa Lande & Co.

GDPR – Company Fined for Improper Data Collection

The French Data Protection Authority (CNIL) recently imposed a EUR 310,000 fine, representing 1% of its turnover, on FORIOU, a telemarketing company promoting loyalty programs. The fine stemmed from FORIOU’s use of...more

Latham & Watkins LLP

CNIL Fines Health Website for Unlawful Data Processing

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The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more

Orrick, Herrington & Sutcliffe LLP

Online Content in France: Challenge Raised to Block Online Porn Websites

At a hearing on 6 September 2022, lawyers acting for MG Freesites Ltd. (operators of the Pornhub website), raised a constitutional challenge against a recent law that permits France’s online content regulator (ARCOM) to seek...more

BCLP

CNIL issues guidance on online age verification

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Websites that distribute content not intended for minors usually request that visitors confirm they are over 18 through a simple click. The efficiency of this approach is clearly limited, and 44% of 11-18 year olds in France...more

K&L Gates LLP

French Supervisory Authority Publishes Guidance on the Use of Website Analytics in Compliance With GDPR Requirements

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Following the 2020 Court of Justice of the European Union’s (CJEU) ruling invalidating the Privacy Shield (see our alert here), personal data transfers from the European Union to the United States required EU companies to...more

Pillsbury Winthrop Shaw Pittman LLP

Record €210 Million in Fines for Breach of Cookies and Website Tracking Rules—Note e-Privacy Directive, Not Just GDPR

France’s data protection regulator (the CNIL) said this week it has fined Google and Facebook a combined €210 million for breaches of laws on cookies use and tracking of user online activity. These fines were not under the...more

Hogan Lovells

Anchovy News, May 2021

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This is the May edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover...more

Hogan Lovells

CNIL Publishes FAQ Clarifying Cookie Use

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The French Data Protection Authority (CNIL) published an FAQ on March 18, 2021 to further explain its earlier guidelines and “recommendation” on cookies and other tracking technologies, which were published on September 17,...more

K&L Gates LLP

Cookies: New Awareness Campaign by the French Supervisory Authority

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The French Supervisory Authority has set 31 March 2021 as the end of the “reasonable period” to bring websites and mobile applications into compliance. Following the adoption and publication of its updated guidelines along...more

K&L Gates LLP

French Data Protection: French Supervisory Authority Publishes Updated Guidance on Cookies and Other Tracking Technologies

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Following the French Administrative Supreme Court (Conseil d’État) dated 19 June 2020 (see our alert here), the French Supervisory (CNIL) published on 01 October 2020 its updated guidelines (the Guidelines), replacing its...more

Alston & Bird

French CNIL Launches Public Consultation on Cookie Consent Recommendations

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On January 14, 2020, the French data protection authority (CNIL) launched a public consultation on its draft recommendations for the collection of consent in the context of cookies and other tracking technologies (the ‘draft...more

Kramer Levin Naftalis & Frankel LLP

The French Competition Authority Can Now Be Notified Online of Concentrations

For concentrations meeting the conditions set forth in Article L. 430-2 of the French Commercial Code, a notification to the French Competition Authority (Autorité de la concurrence) is mandatory. To facilitate merger control...more

Hogan Lovells

U.S. government investigates potential threat to e-service providers: France’s Digital Service Tax

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On 10 July 2019, the Office of the U.S. Trade Representative (USTR) initiated an investigation pursuant to Section 301 of the Trade Act of 1974 into France’s Digital Services Tax (DST) to determine whether the tax is...more

Wilson Sonsini Goodrich & Rosati

The CNIL Sharpens Requirements on Deployment of Tracking Technologies

On July 18, 2019, the French Data Protection Authority (CNIL) issued new guidance on the use of cookies and similar tracking technologies (collectively referred to as “cookies” below). The guidance clarifies the instances in...more

ArentFox Schiff

‘Click Here to Accept Updated Cookie Guidance’

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Data protection authorities in the UK and France have released updated guidance for website operators that use cookies on their websites. This new guidance may mandate changes to existing cookie banners and provides further...more

Hogan Lovells

New French Guidelines on Cookies and Trackers

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On 19 July the French Data Protection Authority (the “CNIL”) published new guidelines on cookies and trackers. These replace the existing Recommendation No. 2013-378 of 5 December 2013, are intended to be in line with...more

Fox Rothschild LLP

France: ‘C’ Is For Cookie, But Also For ‘Consent’

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Cookies in the spotlight in France: Actual consent – in. Continued browsing – out. The French Data Protection Authority, CNIL, repealed its 2013 guidelines on cookies consent and announced upcoming cookies guidance...more

Hogan Lovells

The French Data Protection Authority Gets Ahead of the Game With New Rules on Cookie Consent Before the ePrivacy Regulation...

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The French Data Protection Authority (the CNIL) has made targeted online advertising a priority topic in its 2019-2020 agenda and has changed its position on cookie consent. Although the ePrivacy Regulation is still being...more

Hogan Lovells

Hosting providers of websites are not as such data controllers and only incur limited liability, French Court of Appeal says

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In a decision dated March 1st, 2019, the Paris Court of Appeal reminded that specific conditions must be met for hosting providers to be held liable in case of unlawful content....more

Jones Day

Global Privacy & Cybersecurity Update Vol. 16

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UNITED STATES - Regulatory—Policy, Best Practices, and Standards - United States and China Renew Promise Not to Hack - On October 4, U.S. and Chinese officials agreed to not engage in targeted hacking. Per a...more

Jones Day

French Data Protection Authority Clarifies Responsibilities for the Use of Cookies in Online Advertising

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In the online advertising sector, achieving a successful advertising campaign often involves implementing cookies (small files stored on computers or mobile devices that contain information on the user's browsing history),...more

Hogan Lovells

Lettre d’actualité IPMT: #14 - March 2017

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Brevets - Déclaration de non-contrefaçon et compétence territoriale du juge français - Le Tribunal de grande instance de Paris est compétent pour connaître d'une action en déclaration de non-contrefaçon des...more

K&L Gates LLP

Impact of the Act No. 2016-1321 Dated 7 Oct. 2016 for a Digital Republic on Online Intermediation Platforms

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The French Act No. 2016-1321 of 7 Oct. 2016 for a Digital Republic (the “Digital Republic Act”) amends the existing framework for online intermediation platform created under Article L.111-5-1 of the French Consumer code by...more

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