While the European Commission is seeking to update its 15-year-old Directive regarding the protection of personal data, several regulations have been passed to strengthen privacy rights in Europe. With all this activity, it’s clear that the United States is not the only country trying to adapt its privacy and information security standards to rapidly evolving technologies and marketplaces. Companies with an international presence need to stay alert to stay compliant. We can help!
Cecile Martin
French Data Protection Agency Restricts the Scope of the Whistleblowing Procedures: Multinational Companies Need to Make Sure They Are Compliant
By Cecile Martin on
By a decision dated October 14, 2010, and published on December 8, 2010, the French Data Protection Agency (known under the acronym CNIL) revised the deliberation that it issued on December 8, 2005.
At that time, the CNIL had issued a deliberation to reach a compromise between the United States’ Sarbanes-Oxley (“SOX”) requirements and French law. According to Article 1 of that deliberation, companies were authorized to adopt whistleblowing systems implemented in response to French legislative mandates, regulatory internal control requirements (e.g. regulations governing banking institutions), or the whistleblowing requirements of the SOX Act. According to Article 3 of the 2005 deliberation, alleged wrongdoings not encompassed within these core areas may be covered by the whistleblowing system only if vital interests of the company or the physical or psychological integrity of its employees were threatened.
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French Data Protection Agency Issues Guidelines to Help Companies Strengthen the Security of their Data Processing
By Cecile Martin on
To assist companies to comply with European data protection laws, in particular those implemented in France, the French Data Protection Agency (known as “CNIL”) recently issued a set of guidelines organized by topic which provide elementary precautions to be taken by data controllers in several subject areas, including what types of conduct are prohibited as well as the CNIL’s recommendations in these areas.
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Opt Out Rejected by the EU Data Protection Authorities for Online Behavioral Advertising
By Cecile Martin on
In an opinion issued on June 22, 2010, the EU Data Protection Authorities (Article 29 Working Party) clarified the legal framework applicable to online behavioral advertising – an activity that is becoming a hot topic for discussion as its popularity grows. Among other things, the Article 29 Working Party clearly took the position that it is incumbent upon advertising network providers to “create prior opt-in mechanisms requiring an affirmative action by the users indicating their willingness to receive cookies and the subsequent monitoring of their surfing behavior for the purposes of serving tailored advertising.”
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French Supreme Court Limits the Scope of the Whistleblowing Processes
By Cecile Martin on
The implementation of codes of conduct and whistleblowing systems is expanding at the international level. Global companies must pay attention to local law requirements when rolling out these codes in foreign countries, in order notably to comply with the rules and regulations provided by the local data protection authorities to …
French Employers Can Open Files Located on a Company-Issued Computer Provided That They Are Not Clearly Identified As Personal
By Cecile Martin on
the French Supreme Court made clear that all files created by an employee on an employer’s computer belong to the employer unless they are expressly identified as personal
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French Data Protection Agency Issues Recommendations Regarding Employees’ Personal Data that Companies in France May Collect To Minimize the Impact of Swine Flu on Business Continuity
By Cecile Martin on
In anticipation of the Swine Flu and the consequences that it may have upon the continuity of the business of companies, the French Data Protection Agency (known under the acronym "CNIL") recently issued recommendations regarding employers’ collection of employee data in connection with their swine flu business continuity programs.
The French government has strongly recommended that companies set up a plan for the continuity of their businesses in case of pandemic flu. Indeed, in case of pandemic, the French authorities anticipate significant degrees of absenteeism among employees and a possible paralysis of certain companies if they are not sufficiently prepared.
European Privacy Law And Social Networking
By Cecile Martin on
With social networking sites proliferating across international boundaries, privacy and data protection concerns are becoming increasingly relevant. With these concerns in mind, the Article 29 Working Party, an independent European advisory body on data protection and privacy, adopted an opinion on online social networking on June 12, 2009.
As noted…