Press review
4 February 2022

Press review – Week of 31 January 2022

This press review covers the fundamentals of confidentiality, freedom of expression and professional secrecy through current issues such as Orpea's malfunctions, Eric Zemmour's campaign clip or the Amnesty International report.

 

#Compliance: Compliance is not a compromise

As the lines separating our offline and online lives continue to blur, the Data Privacy Day on 28 January is that little boost we need at the start of each new year to ensure that protecting our personal information is a priority.  In addition, the article looks at the POPIA Act which deals with the protection of personal data in South Africa. > Read the article

 

#Compliance: South Korea seeks improved compliance plans from Apple, Google on app store law

Following the issuance of strict regulations aimed at regulating digital and technology activities, Korean regulators ask Apple and Google to comply. In this regard, they highlight the need for compliance mechanisms. > Read the article

 

#Dispute resolution & regulatory investigations: CNIL imposes the largest sanctions in its history on Facebook and Google

CNIL issued the largest fines in its history against Facebook and Google for infringements of the existing regulations on cookies. > Read article

 

#Negotiated justice: Environmental criminal law: lessons from the first environmental CJIP

A first judicial convention in the public interest/DPA has been signed in environmental matters between a water treatment plant and the public prosecutor’s office in Puy-en-Velay for the discharge of substances harmful to the aquatic environment. The plant has undertaken to pay a public interest fine of €5000 and €2179 to a federation and an association. > Read the article

 

#Criminal proceedings: Scope of the irregularity of injunctions issued by an investigating chamber

In a judgment of 4 January 2022 (Cass. crim., 4 January 2022, n° 21-81.279), the court decided to annul, by way of consequence, everything that preceded the cassation of a judgment of the investigating chamber. Indeed, the latter had ordered the supplementary examination of certain persons, without having previously either evoked or ordered additional information regarding this purpose. As a result, everything that was done as a result of the censured decision should be annulled. This decision is maintained although the investigating judge retained, in application of article 116 of the code of criminal procedure, the freedom to not put the persons involved under examination.  > Read the article

 

#Criminal proceedings: Seizure of a lawyer’s cell phone: the lack of sealing violates professional secrecy

A lawyer under investigation for identity theft and fraudulent access to a computer system had her cell phone seized by the authorities. Nevertheless, the Court of Cassation (Cass. crim., 18 Jan. 2022, n° 21-83.728) specifies that the lack of sealing of the seized mobile phone infringes professional secrecy.  > Read the article

 

#Criminal proceedings: Permit to communicate: the awaited decree is published!

The decree n° 2022-95, published in the Official Journal of 1 February 2022, specifies the terms and conditions regarding the delivery of communication permits to lawyers; in particular, it allows the appointed or court-appointed lawyer to request that the permit be drawn up in his or her name and in the name of his or her partners and associates. >Read the article 

 

#Criminal proceedings: Closure of the trial: a reminder regarding the articulation of deadlines under section 175

When an accused person is detained, the ten-day period granted to the parties who have indicated that they wish to exercise this right in accordance with Article 175 III of the Code of Criminal Procedure, to send additional observations to the investigating judge, runs from the date on which they were notified of the requisitions. > Read the article

 

#Internal investigation: Impacts of the attorney-client privilege reform on white-collar practice

On 22 December 2021, Law n° 2021-1729 for confidence in the judicial institution was enacted. Following the initiative of the Minister of Justice , this Law has been the subject of several controversies concerning the attorney-client privilege. > Read article

 

#Criminal law: Eric Zemmour’s campaign video, a copyright infringement or an exercise of the freedom of expression

The extreme right-wing candidate Eric Zemmour is being sued for the use of extracts from famous works in his video announcing his candidacy for the presidential election. The ultra-right wing candidate Eric Zemmour is being sued for the use of extracts from famous works in the video announcing his candidacy in the presidential election. Indeed, the authors of several images used in the campaign video that the polemist put online last November 30 are denouncing a usage without their authorization. The plaintiffs are demanding a total compensation of 55,000€ and the withdrawal of the images. > Read the article

 

#Criminal law: Intel wins appeal as EU court overturns $1.2B antitrust fine

Intel won in its court fight over a record €1.06 billion competition fine in the European Union in which they were suspected of anti-competitive conduct. > Read the article

 

#Criminal law: Orpea: two investigations launched, the government is preparing different proposals to better regulate the sector

Following the publication of a book which denounces malfunctions and irregularities in the care of the elderly by the Orpea network of EHPADs, the government has announced the launch of two investigations by the General Inspectorate of Social Affairs (IGAS) and the General Inspectorate of Finance (IGF). In addition, while the managers were summoned by the government, and the members of the Board of Directors were heard at the General Assembly, the families of the residents announced the filing of collective complaints. Finally, the managing director of the company is suspected of having committed insider trading in the context of the sale of the shares he held in the company. > Read the article

 

#International Law: A Northern Irish minister orders end to post-Brexit controls with Britain

Despite the provisions of the Brexit agreement, the Minister for Agriculture has ordered the suspension of border controls on goods coming and going from the UK. Indeed, in order to preserve the free movement of agri-foodstuffs on the island of Ireland, the agreement provided that customs controls would not take place on leaving the European Union, but only at the exit points to the rest of the United Kingdom > Read the article

 

#International Law: Amnesty denounces “Israeli apartheid” and triggers an avalanche of reactions

Amnesty International publishes a report in which, after an analysis of the situation in Israel, including in the occupied territories of Palestine, it concludes that an “apartheid” system exists. Israel reacts vehemently to these claims, asserting not only the absence of a discriminatory system, but also accusing the NGO of anti-Semitism. > Read the article

 

Related content

Press review
Press review - Week of 23 january 2023
27 January 2023
Press review – Week of 23 January 2023
In this week’s press review, you will find two cases which were dismissed, one concerning the defective management of the...
Press review
Week of 16 January 2023
20 January 2023
Press review – Week of 16 January 2023
This week press review includes the latest news on criminal law, business criminal law and criminal procedure. Thus, this review...
Press review
Press review - Week of 9 january 2023
13 January 2023
Press review – Week of 9 January 2023
This week in the press review, a dismissal of the Chlordecone case in the French West Indies and a $17.2...
Press review
Week of 2 January 2023
6 January 2023
Press review – Week of 2 January 2023
This week in the press review, two Members of the European Parliament have been subjected to immunity waiver proceedings in...
Press review
Press review - Week of 26 december 2022
30 December 2022
Press review – Week of 26 December 2022
In this week's news, there are several important events in criminal law. First, the criminal Charles Sobhraj, otherwise known as...
Press review
Press review - Week of 19 december 2022
23 December 2022
Press review – Week of 19 December 2022
This week's press review presents the outcome of an investigation by the Paris Bar Council against several lawyers for ethical...
Press review
Press review - Week of 12 december 2022
16 December 2022
Press review – Week of 12 December 2022
In this press review, from a judicial point of view, there are several important events: The Court de Cassation ruled...
Press review
Week 5 December 2022
9 December 2022
Press review – Week of 5 December 2022
In this press review, you will have the opportunity to discover two court decisions. The first one, is issued by...
News
ABA
6 December 2022
Launch of the international guide to corporate internal invgestigations
NAVACELLE co-hosted the launch of the ABA guide in Dubai along with Al Tamimi & Company, Bär & Karrer and...
Press review
2 December 2022
Press review – Week of 28 November 2022
In this press review, you will discover several important judicial events: the French Supreme Court clarified the status of victim...
Press review
Week of 21 November 2022
25 November 2022
Press review – Week of 21 November 2022
In this press review, you will discover the opening of a preliminary investigation by the French National Financial Prosecutor’s Office...
Analysis
21 November 2022
Judicial Agreement of Public Interest for aggravated tax fraud laundering and illegal canvassing
Credit Suisse escapes prosecution and agrees to pay a public interest fine of 123,000,000 euros under the 13th deferred prosecution...