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French Court of Cassation excludes application of Data Protection Act to Competition Authority’s investigation
- Hunton & Williams LLP
- -
- France
- -
- January 20 2012
On November 30, 2011, the French Court of Cassation upheld a decision that excluded the application of the French Data Protection Act (Loi relative à l’informatique, aux fichiers et aux libertés) to an investigation conducted by the French Competition Authority (Autorité de la Concurrence) on the grounds that the search and seizure was authorized by an “freedoms and custody judge” (juge des libertés et de la détention
French court rules investigation by Competition Authority did not breach employee privacy rights
- Hunton & Williams LLP
- -
- France
- -
- March 23 2010
On February 19, 2010, the Court of Appeals of Versailles (the "Court") upheld the unlimited seizure and review of a company's emails by several agents of the French Competition Authority (Autorité de la Concurrence
Suspended jail sentence ordered for e-mail spying
- Hunton & Williams LLP
- -
- France
- -
- April 18 2008
A Paris High Court decision of June 6, 2007 ordering for the first time a jail sentence for e-mail spying was recently made public
Court finds company online privacy terms and conditions unlawful
- Hunton & Williams LLP
- -
- France
- -
- February 6 2009
On October 28, 2008, the Paris Court of First Instance ruled that the general terms and conditions of Amazon.fr relating to the sharing of customers’ personal data and third-party marketing were unlawful under the French Consumer Code and subsequently ordered the removal of 18 unlawful clauses from the terms and conditions
French Constitutional Court rules on the balance between privacy and public safety
- Hunton & Williams LLP
- -
- France
- -
- March 16 2010
In a decision handed down on February 25, 2010, the French Constitutional Court ruled that the right to privacy derives from Article 2 of the Declaration of Human Rights, and is therefore considered a constitutional right under French law
French appeals court rejects geolocation-based evidence in employee privacy case
- Hunton & Williams LLP
- -
- France
- -
- October 7 2010
On September 14, 2010, a French Appeals Court in Dijon (the "Court") upheld a decision against an employer that had terminated an employee who not only used a company car for personal reasons, but also committed serious traffic violations while using the vehicle
French appeals court suspends U.S. company’s whistleblower program
- Hunton & Williams LLP
- -
- France
- -
- October 13 2011
On September 23, 2011, the Labor Chamber of the Court of Appeals of Caen (the “Court”) upheld a decision to suspend a whistleblower program implemented by a U.S. company’s French affiliate, despite the fact that the French Data Protection Authority (the “CNIL”) had inspected and approved the program prior to implementation
French Court of Cassation sanctions company for misuse of a geolocation device
- Hunton & Williams LLP
- -
- France
- -
- November 21 2011
On November 3, 2011, the Labor Chamber of the French Court of Cassation (the “Court”) upheld a decision against a company that unlawfully used a geolocation device to track the company car of one of its salesmen
American Bar Association asks courts to consider foreign privacy laws
- Hunton & Williams LLP
- -
- European Union, France, USA
- -
- February 24 2012
The American Bar Association’s (“ABA’s”) House of Delegates adopted a non-binding resolution urging courts to consider foreign data protection and privacy laws when resolving discovery issues
Paris court rules that a family name alone is not necessarily personal data
- Hunton & Williams LLP
- -
- France
- -
- December 15 2008
On September 22, 2008, the Paris Court of First Instance ruled, following a summary proceeding (juge des référés), that the use of an individual's family name to sell products on a genealogy web site did not constitute a breach of the individual's right to privacy because the individual could not be directly or indirectly identified through his family name alone
