News & Analysis as of September 15, 2024

CNIL

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The European Union is an economic and political partnership comprised of 27 nations within the Eurozone. The EU was established in 1948 to promote stability and cooperation among member states in the aftermath of WWII. The EU maintains a common currency as well as several intranational institutions, including the European Parliament and the European Commission. less -

AI Watch: Global regulatory tracker - France

White & Case LLP on 5/17/2024

France actively participates in international efforts and the EU AI Act negotiations, and proposes sector-specific laws. Laws/Regulations directly regulating AI (the “AI Regulations”) Currently, there are no specific...more

GDPR – Company Fined for Improper Data Collection

Barnea Jaffa Lande & Co. on 3/27/2024

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

CNIL Fines Canal+ Over Marketing and Data Security Concerns

Sheppard Mullin Richter & Hampton LLP on 11/28/2023

The French Data Protection Authority announced a €600,000 fine against Groupe Canal+ over concerns with the media company’s direct marketing activities. According to the CNIL, the company sent users email marketing without...more

Paris Litigation Gazette - Issue 4 - October 2023

BCLP on 10/25/2023

In an important judgment handed down on 29 June 2023 (Case C-211/22), the Court of Justice of the European Union (the "CJEU") ruled that a vertical agreement to fix minimum prices does not necessarily constitute a restriction...more

CNIL Fines Health Website for Unlawful Data Processing

Latham & Watkins LLP on 6/12/2023

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

CNIL Weighs in On GDPR Applicability to US Company

Sheppard Mullin Richter & Hampton LLP on 2/8/2023

The French Data Protection Authority capped off 2022 by terminating an investigation into Lusha Systems, Inc.’s compliance with GDPR. CNIL concluded that the law did not apply to the US company’s activities...more

Paris Litigation Gazette - Issue 1

BCLP on 1/20/2023

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

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

K&L Gates LLP on 6/23/2022

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

French DPA opened public consultation on standards for Early Access and Compassionate Access

Hogan Lovells on 3/9/2022

The healthcare sector is a current focus of the French data protection authority (CNIL) which just published two draft standards regarding processing of personal data in the context of Early Access and Compassionate Access....more

Dechert Cyber Bits - Issue 6

Dechert LLP on 1/28/2022

On January 12, 2022, the French data protection authority (“CNIL“) published guidance on the reuse of personal data by processors for their own purposes (the “Guidance”)....more

French DPA Sets Conditions for Processors' Reuse of Personal Data Processed on Behalf of Controllers

Dechert LLP on 1/20/2022

On January 12, 2022, the French data protection authority (“CNIL“) published guidance on the reuse of personal data by processors for their purposes (“Guidance”). This the most recent guidance of a major EU regulator on a...more

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

Pillsbury Winthrop Shaw Pittman LLP on 1/10/2022

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

Does Your Organization Maintain an Employee Facing Privacy Notice?

Ankura on 7/28/2021

On Tuesday, June 15, 2021, a French court ordered IKEA to pay 1 million euros ($1.2 million) for spying on its employees in France. The allegations included reviewing employees' bank account records, using fake employees to...more

Whether You Like it or Not, Cookies are Back on the Menu and UK and EU Data Protection Authorities are Taking Enforcement Action

Orrick, Herrington & Sutcliffe LLP on 7/27/2021

The French data protection authority, La Commission nationale de l’informatique et des libertés ("CNIL"), one of Europe's ("EU") most active data protection regulators, has continued to focus on the lawfulness of the use of...more

CNIL Issues Provisional Recommendations for Remote Quality Control of Clinical Trials During the Health Crisis

McDermott Will & Emery on 5/5/2021

Given the challenges of conducting clinical trials during the COVID-19 pandemic, many countries — including France — have allowed for some use of remote quality controls. In response to guidelines issued recently by European...more

CNIL Publishes FAQ Clarifying Cookie Use

Hogan Lovells on 4/1/2021

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

France’s CNIL Fines Data Processor and Data Controller Over Credential-Stuffing Attack

Fox Rothschild LLP on 2/4/2021

Data Processors beware. France’s CNIL issued an enforcement action against both a data controller (150,000 EUR) and a data processor (75,000 EUR) for inadequate information security measures leading to a...more

Comply or Get Fined: 2020 GDPR Fines are the Highest on Record

Epiq on 1/13/2021

The European Union’s (EU) General Data Protection Regulation (GDPR) has been in effect since May 2018. The law’s goal of protecting EU citizens’ personal information and privacy seems to be coming into fruition. In the past,...more

French Data Protection Regulator Fines Google and Amazon for Non-compliance With EU Cookie Rules

Alston & Bird on 12/15/2020

On 7 December 2020, the French supervisory authority CNIL (Commission nationale de l’informatique et des libertés, French data protection authority) imposed substantive fines on Amazon and Google for allegedly placing...more

Valuable Data Privacy Lessons In CNIL’s Enforcement Action Against Carrefour France

Fox Rothschild LLP on 12/3/2020

In addition to the not-insignificant €2.25 million fine, CNIL's enforcement action against Carrefour France raises some universal points for companies handling data, both in the EU and in the U.S. Big Picture Takeaways:...more

French Data Protection Authority Rules on Transfers of Health Data

Foley Hoag LLP - Security, Privacy and the... on 11/12/2020

The French Conseil d’Etat handed down an important decision October, 13th regarding privacy and personal data protection. This decision comes in the wake of the “Schrems II” ruling of the Court of Justice of the European...more

French Court refuses to suspend Microsoft’s hosting of a public health data lake despite CNIL opinion (the Health Data Hub case –...

Hogan Lovells on 10/22/2020

On October 14, 2020, the French Administrative Supreme Court (Conseil d’Etat) published its decision in a lawsuit requesting that the French health data platform (Health Data Hub) be suspended for breach of the GDPR in light...more

In wake of the Schrems II, CNIL challenges use of Microsoft cloud storage to host public health data lakes (the Health Data Hub...

Hogan Lovells on 10/16/2020

On October 8, 2020, France’s data protection authority (CNIL) provided the French Administrative Supreme Court (Conseil d’Etat) with a brief presenting its arguments against the hosting of some French public health data by...more

Transfers of Health Data from France to the United States Not Prohibited... but Must be Protected by Strong Safeguards

McDermott Will & Emery on 10/15/2020

On October 9, 2020, there were media reports that the French Data Protection Authority (CNIL) had expressed concerns regarding the hosting by Microsoft (EU) of the French centralized public health database (the Health Data...more

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

K&L Gates LLP on 10/5/2020

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

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