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AI Surveillance and Data Privacy at the Games

As the Paris 2024 Summer Olympic and Paralympic Games (the “Games”) turn onto the final straight, the Games have yet again captured widespread global attention, on and off the track. With over 15.3 million visitors in Paris...more

Analysing the CNIL’s Latest Recommendations for AI Systems

Following the very recent adoption of the EU Regulation on AI (the AI Regulation) the CNIL (the French data regulator) has issued the second in its series of recommendations for the development of privacy-friendly AI models....more

Castelbajac Saga: Can the Misleading Use of a Patronymic Trademark by Its Assignee Be Sanctioned by Its Revocation for Deceptive...

A new development in the Castelbajac case, which pits the designer with the eponymous name against the company PMJC, concerning the application for revocation of the trademarks assigned to the latter by the designer. In a...more

Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

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

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

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

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

The French Law on the Regulation of Games Including NFT is Passed: Place Your Bets

We have been talking about it since last year: the bill to secure and regulate the digital space ("SREN") has now been passed. The legislative process leading up to the enactment of the SREN bill has been slow (as a reminder:...more

AI Developers - Make Sure You Are Compliant With the GDPR!

The CNIL’s newly released recommendations for AI system developers set out the regulator’s expectations for the entire development process of an AI system, from design to database creation and integration, ensuring...more

CNIL's Strategic Focus Areas for Data Protection in 2024 The Summer Olympics and Beyond

Each year, the CNIL selects key areas of high interest to concentrate its investigations and assess the compliance of select commercial sectors. On February 8, The CNIL announced its four main areas of focus for...more

Employee Monitoring: Lessons from CNIL’s EUR 32M Fine Against Amazon France Logistique

Following the publication of several press articles and employee complaints, the French data protection regulator (“CNIL”) carried out an investigation at the Amazon France Logistique’s (“Amazon”) warehouses. The CNIL's...more

Understanding the Data Governance Act: Key Aspects and Challenges

A few weeks ago, on 24 September 2023, the Data Governance Act (Regulation (EU) 2022/868 of the European Parliament and of the Council of 30 May 2022 on European data governance) (“DGA”) came into force.  The DGA aims to...more

CNIL publishes ‘AI How-To Sheets’ on Aligning Artificial Intelligence Systems with GDPR

A few days ago, the French Data Protection Authority (CNIL) published its first draft guidelines for the use of AI systems in the form of "AI How-To Sheets" with the aim to “help professionals reconcile innovation with...more

Don’t ask your DPO to set their own homework and mark it too!

The recent CJEU decision in X-FAB (Case C-453/21) provides guidance on how to determine whether a conflict of interest could arise for your Data Protection Officer (“DPO”) and how to avoid this. It also confirms the approach...more

Paris Litigation Gazette - Issue 1

Welcome to the first edition of the Litigation Gazette. Each quarter, BCLP's Paris team keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance. In this...more

The CNIL publishes guidelines on the commercial use of customer files: A warning for data brokers and their clients

On 3 February 2022, the French Commission Nationale de l'Informatique et des Libertés (the "CNIL") published a set of commercial management guidelines for all organizations that conduct data processing for the management of...more

One Step Closer to the new EU-US Data Privacy Framework

Two and a half years after the Schrems II decision invalidated the EU-US Privacy Shield, the EU and US are inching closer to a replacement data transfer mechanism for EU to US personal data transfers. On 13 December 2022, the...more

CNIL issues guidance on online age verification

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

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