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Following a recent data breach, Optical Center has been fined 250,000 euros by The Commission nationale de l’informatique et des libertés (CNIL). The website breach allowed public access to invoices, purchase orders, and personal data of customers. On appeal, the French Highest administrative Court (Council of State) lowered the penalty to 200,000 euros. The reduction of the fine, although slight, proves that the opportunity to file an appeal may be a strategic option for companies…
Life sciences companies doing business in France will be interested in the recent results of Optical Center’s appeal of a penalty assessed by the Commission nationale de l’informatique et des libertés, the French data protection authority, surrounding a data breach. The data breach allowed access to invoices and purchases containing personal and sensitive customer data. Optical Center appealed the initial 250,000 euro penalty, and the French Highest administrative Court (Council of State) lowered the penalty…
A few days before the entry into force of the GDPR, the CNIL imposed a 250,000 euros penalty to the company Optical Center for failure to secure personal data on its website – where a breach occurred, allowing access to invoices and purchases orders containing personal and sensitive data of customers. Further to Optical Center’s appeal, the French Highest administrative Court (“Council of State”), confirmed the sanction but reassessed the amount of the penalty to…
On 5 March, Reed Smith will welcome in-house counsel at pharmaceutical, medical device, and health companies to join a roundtable discussion on how to identify and mitigate risk. Our Government Investigations partners Rosanne Kay and Eoin O’Shea will speak on a panel “Global Investigations of Companies and their People: A Look at Current Issues through the Lens of a Case Study.” We are happy to announce our in-house and industry speakers: Helen Barraclough (Associate General…
In an interview dated February 2018,[1] Isabelle Falque-Pierrotin, at the Head of the French data protection authority (CNIL), stated that the CNIL would adopt a flexible and pragmatic approach from May 2018 onwards when controlling compliance with data protection requirements. The first decision of sanction rendered by the CNIL on Monday January 21, 2019, which is to date the most severe sanction ever imposed to a web giant (‘GAFA’) under the GDPR, gives a…
The much-awaited Decree No. 2017-159 of February 9, 2017 on digital advertising services (the “Sapin Decree”) has entered into force as of January 1, 2018. This Decree adapts the rules of the French Sapin law of January 29, 1993 – originally introduced for traditional media, i.e. television, radio and press – to digital media and constitutes a clear step forward in terms of transparency in the digital advertising sector. Its impact will be particularly felt…
Changes to the privacy laws in the European Union reach beyond Europe. Any company regardless of location can fall under the new guidelines issued under GDPR. Reed Smith’s IP, Tech & Data Group hosted a webinar on February 22 that discussed key priorities and strategies for compliance during the final three months remaining before the Global Data Protection Regulation (GDPR) comes into force on May 25, 2018. We believe these changes will affect many real…
On February 22, 2018, Reed Smith’s IP, Tech & Data Group hosted a webinar discussing key priorities and strategies for compliance during the final three months remaining before the General Data Protection Regulation (GDPR) comes into force on May 25, 2018. We have prepared a benchmarking report based on the data of more than 250 respondents spanning a variety of industry sectors. The survey results show that there is still a mixed picture in relation…
By virtue of the French “Sapin” law of January 29, 1993, France has become one of the most transparency-regulated media markets in the world, and remains so today. With the new Decree No 2017-159 of February 9, 2017, the protection of advertisers is further strengthened by extending the transparency requirements of the Sapin law to digital media as well. Background In the early 90s, the French media market was negatively affected by a number of…
In France, transparency requirements are regulated by two main sets of laws: “The French Anti-Gift Law” regulates the provision of gifts, discounts and other incentives to health care providers by life sciences companies, while “the French Sunshine Act” imposes disclosure obligations on companies relating to benefits granted to, and agreements concluded with, health care providers. While the French Sunshine Act has been frequently amended to reflect subsequent changes brought by implementing decrees, orders, and circulars,…