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Search engine exempt from liability

Baker & McKenzie
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France
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April 4 2011

On 26 January 2011, the Paris Court of Appeal ruled that "Google Images" is an information society service and thus benefits from the exemption from liability provided for under the LCEN for internet intermediaries

Paris court gives full effect to an indemnification clause in a cloud computing agreement

Baker & McKenzie
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France
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November 17 2011

In a decision dated 12 July 2011, the Commercial Court of Paris rendered a decision in favour of a provider of cloud computing services

Website hosting provider considered an editor

Baker & McKenzie
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France
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March 29 2010

The French Supreme Court (the Cour de Cassation) has confirmed the position of the Court of Appeal, which ruled that by placing advertising spaces on personal web pages, Tiscali, a French website hosting provider, qualifies as an editor of content and is, therefore, fully responsible for such content

French Supreme Court upholds employer's access to employee emails

Baker & McKenzie
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France
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March 29 2010

The French Supreme Court (the Cour de Cassation) has confirmed the position of the Angers Court of Appeal, which ruled that an employer can freely access its employee's emails located on his company-issued computer

Court decides case on "identical" price comparison websites

Baker & McKenzie
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France
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November 25 2011

A summary judgment of the Paris Commercial Court dated 6 July 2011 ruled that two price comparison travel websites could co-exist and the presence of identical raw data such as flights and hotel deals on both websites did not amount to unfair competition

Douai Court of Appeal condemns company for abusive indexing

Baker & McKenzie
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France
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January 19 2012

A company, Saveur Bière, created numerous websites whose sole purpose was to link to the main website of the company

Fine imposed for disparaging former employer online

Baker & McKenzie
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France
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March 16 2012

Believing his dismissal was unjustified, a former employee of an insurance company created a new social networking profile and used a pseudonym to disparage his former employer

Court annuls sanctions imposed by Data Protection Authority on telemarketing companies

Baker & McKenzie
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France
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February 15 2010

The French Conseil d'Etat (the Supreme Administrative Court) has annulled two sanctions issued by the French Data Protection Authority (the CNIL) against telemarketing companies

Deep linking may not constitute copyright infringement

Baker & McKenzie
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France
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July 2 2010

The Court of First Instance of Nanterre has ruled that a web portal that provides a deep link to the website of a software developer where the latter's software can be downloaded does not constitute copyright infringement

Supreme Court rules on employer's access to employee's "personal" files on company-issued computers

Baker & McKenzie
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France
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January 4 2010

The Labour chamber of the French Supreme Court ruled that an employer is entitled to open an employee's file stored on the employee's computer, which is not clearly marked as personal

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