Our articles, analysis & briefings
A review of director liability in France
Director liability is a hot topic. Legal action against company management is increasingly the norm, bringing to light often flagrant abuses of company power and resources. As this storm continues to rage company directors are on the front line. Their powers are grouped into two realms: internal – to effectively manage a company on a day-to-day basis – and external – to represent the company before partners and other stakeholders. These powers are shaped and limited by general provisions of company law, company bylaws as well as the general notion of acting in the company’s best interest. What are the risks of overstepping these limits?
Whistleblowing and data protection under French Law
In a country where companies were able to deduct from turnover pots-de-vin paid for “new business” (also politely called “facilitating payments”) until 2000 when France adopted the OECD’s Anti-Bribery Convention, it comes with some scepticism how effective the wave of new French laws and regulations will be in the fight against corruption. But times are indeed changing, and European governments realise that weeding out corrupt practices is increasingly required if companies are to effectively compete on the global stage.
Rethinking the notion of main establishment under the GDPR: the Google case
Much has been written about the recent decision by the French Commission Nationale de l’Informatique et des Libertés (CNIL) earlier this year, fining Google 50 million euros for various GDPR violations (currently under appeal).
Overview of data protection fines as of May 2019 - one year after the GDPR took effect
There was a lot of noise leading up the GPDR taking effect in May 2018, mostly that non GDPR-compliant companies faced potential fines totalling up to 20 million euros or 4 % of their global turnover. While the risk of significant fines may now indeed be a reality for the more brazen tech companies, fines to date have been relatively modest (apart from the Google fine) and concentrated on the more mundane issues such as shortcomings in consent, data security, transparency, CCTV use, failure to notify a data breach...
GDPR: Revolution or evolution? Recap since May
By Daphné Moutardier, Counsel and Joseph Srouji, Partner The General Data Protection Regulation (GDPR) officially came into force on 25 May 2018 and has more or less lived up to expectations, effectively marking the dawn of a new awareness in data protection. A revolution? Not quite, but close enough. In the case of France, the GDPR was adopted into French law in August with the modification of the Loi informatique et libertés (French Data Protection Act). Other EU countries are following the same approach, tweaking national legislation to fall in line with GDPR standards.
Srouji Avocats - Blockchain technology to improve AML compliancy
Des risques de sanctions notables pèsent sur les banques en cas de connaissance imparfaite de leurs clients (KYC), au regard des mesures anti blanchiment pour les sociétés, de la protection des données personnelles pour les particuliers avec le règlement européen GDPR en mai 2018. Ces données étant très coûteuses à réunir (lire l’encadré), le cabinet Fairman, spécialisé dans le conseil aux banques, a développé Granada, une place de marché de données clients qui s’appuie sur les technologies issues de la Blockchain