News

As a direct consequence of the Brexit, the sharing of personal data with the UK has become a transfer of data outside the EU, which is prohibited in principle by the RGPD. Since 28 June 2021, the UK has been recognised as a country with a level of data protection equivalent to that guaranteed by the RGPD. Under ... Read more

The Paris Court of Appeal has just ruled on a key legal issue for software publishers, concluding that failure to comply with the terms of a software licence falls under the rules of contractual liability and not those of tort liability applicable to counterfeiting, as set out in Article L335-3 of the French Commercial Code (Code de ... Read more

By 31 March 2021 at the latest, all operations involving the reading and/or writing of information on the user's equipment must comply with the applicable legislative rules. The CNIL's deliberation of 17 September 2020 reiterates these rules: in practice, the "cookies" banner must give users three options: "accept all", "reject all" and "accept all". Read more

Agora DSI/CIO workshop on 10 March from 5pm to 6pm on the subject of "Understanding SAAS contract metrics" POGGI AVOCATS IT is hosting a videoconference workshop organised by its partner Agora DSI/CIO as part of the IT digital sessions on the subject of "Understanding SAAS contract metrics". To talk about it, we will be ... Read more

Are you an Apple application publisher, developer or user? Take an interest in Apple's iOS 14 release, which threatens the business models of advertising targeting solutions. Apple has created a new section dedicated to informing users about the use of their personal data. All app developers are obliged to complete and update this ... Read more

Cour d'appel de Paris, Pôle 5 - chambre 5, 7 January 2021, no. 18/17376 Restrictive practice of competition and significant imbalance in the rights and obligations of the parties: a proof agreement stipulating that only the supplier's information system is authentic between the parties declared unenforceable. A distance selling company had entered into an agreement with ... Read more

TripAdvisor was sued by Viaticum for denigration and parasitism, and challenged the jurisdiction of the Paris Commercial Court. In its ruling of 27 April 2020, the Commercial Court rejected TripAdvisor's claims and declared that it had jurisdiction, a ruling that TripAdvisor appealed. In a ... Read more

Alerted by the SIGNAL SPAM association to the behaviour of PERFOMECLIC, a very small company whose business is sending commercial canvassing by e-mail on behalf of advertisers, the CNIL carried out checks and found numerous breaches of the obligations in force in terms of commercial canvassing. In particular, PERFOMECLIC was unable to prove ... Read more