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

 

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