Press review – Week of 3 April 2023

This week's press review focuses on the publication by the CNIL of the 2023 edition of its guide on the security of personal data intended for all professionals using personal data. The news in the field of criminal business law concerns the NGO "Center for AI and digital policy" which filed a complaint against OpenAI for unfair and deceptive practices in the field of artificial intelligence. In France, the French Banking Federation has filed an action before the Council of State to bring clarity and consistency to the legal regime concerning the "CumCum" issue. The Swiss National Prosecutor's Office has opened an investigation into the acquisition of Credit Suisse by UBS. In the area of criminal law, the French justice system has opened for the first-time trials relating to crimes against humanity committed in Syria against French-Syrian nationals. The Special Tribunal for Kosovo also opened the trial of former president Hashim Thaçi for crimes against humanity and war crimes committed during the 1998-1999 war between separatists and Serbian armed forces. Finally, Saïd Chabane, the former manager of the Angers football club, was taken into custody as part of an investigation into organized money laundering.

#Personal data: The CNIL publishes a new version of its guide to personal data security

The CNIL (the National Commission for Technology and Civil Liberties) has published the 2023 edition of its guide to personal data security, intended “for all professionals who use personal data”. This guide is based on 17 thematic sheets explaining in particular the notions of authorizations, securing workstations or protecting the internal computer network. > Read article

United States: complaint against ChatGPT filed with the competition authority

On Thursday 30 March, the technology ethics group, Center for Al and digital policy, filed a complaint with the FTC, the U.S. competition authority, accusing OpenAI of unfair and deceptive practices in violation of the FTC’s artificial intelligence guidelines. The complaint targets ChatGPT’s conversational bot, which could be the cause of “dangerous stereotypes” and “demeaning associations” for certain minorities. The lack of transparency regarding the development of this new artificial intelligence tool is a target by the NGO.> Read article

Suspected tax fraud: the French banking federation appeled to the Council of State

The French Banking Federation (FBF) has filed an action before the Council of State regarding the position of the tax authorities on the regime known as “CumCum“. This tax strategy refers to the taxation of dividends of foreign shareholders of listed French companies. The action, which came after five French banks were searched for suspected tax evasion, aims to create a clear and consistent legal framework for this tax strategy. > Read article

Swiss National Prosecutor opens investigation into UBS’s takeover of Credit Suisse

The Swiss National Prosecutor’s Office has opened an investigation into the course of the takeover of Credit Suisse by UBS. Credit Suisse was at risk of going bankrupt and taking the reputation of the Swiss financial center with it. During the weekend of 18 and 19 March, UBS was under strong pressure from the Swiss regulatory authorities and the federal government to proceed with the emergency takeover of Credit Suisse. The role of the media is also questioned by the investigation, which is suspected of having influenced the operation.> Read article

French courts to try the Syrian regime’s crimes against humanity

The Paris Court of First Instance has sent three senior officials of the Syrian regime, Ali Mamlouk, Jamil Hassan, and Abdel Salam Mahmoud, to trial for complicity in crimes against humanity and war crimes after the deaths of two French-Syrian nationals, Mazzen Dabbagh and his son Patrick. This criminal proceeding will be the first French trial on crimes against humanity committed in Syria, during which the defendants will be tried in their absence. Moreover, the Court of Cassation will examine the competence of the French judiciary to adjudicate acts of torture, crimes against humanity, and war crimes and misdemeanors committed abroad by a non-French perpetrator against a non-French victim. > Read article (see also, Read article)

Former Kosovar guerrilla leader on trial in The Hague

On 3 April 2023, the Special Court for Kosovo opened the trial of former President Hashim Thaçi and three former separatist cadres of the Kosovo Liberation Army (KLA) for crimes against humanity and war crimes committed during the 1998-1999 war between the separatists and Serbian armed forces. > Read article

Soccer: Former Angers president Saïd Chabane placed in custody for organized money laundering

Saïd Chabane, the former president of the Angers club, has been taken into custody on charges of organized money laundering as part of an investigation by the central racing and gaming department in Nanterre. The investigation concerns payments made to unlicensed agents in France in connection with player contracts signed over the past two years. > Read article