Key Takeaways: Technology Infrastructure and Data. CFIUS will focus its review on investments in critical Technology, critical Infrastructure, and sensitive personal Data (“TID Businesses”). Critical technologies is defined to include certain items subject to export controls along with emerging and foundational technologies under the Export Control Reform Act of 2018. CFIUS provides a very helpful list of critical infrastructure and functions to help assess whether any business is a TID Business. We reproduce most of…

CNIL, the French data privacy regulator, issued a 400,000 euro ($448,358) fine against a company for GDPR violations stemming from sensitive information collected on its website. Investigating a complaint, the CNIL discovered that the online real estate company Sergic allowed customer information to be freely accessed online and kept that information longer than needed. By editing the text of a certain URL, a Sergic user could retrieve sensitive files that another home rental candidate had…

On February 7, 2018, the Commercial and Appellate Courts of Paris officialized the creation, for each of them, of a chamber dedicated to resolving international commercial litigations. These chambers are known as the International Commercial Courts of Paris (the “ICCP”). Proceedings before the ICCP have been revised recently to better meet the specific needs of foreign parties involved in international commercial litigations taking place in Paris, in a move to strengthen foreign investments in France,…

An entity operating in the U.S. needs a U.S. Federal employer identification numbers (“EIN”) in order to open a bank account in the United States, act as an employer, file a tax return and complete certain other corporate tasks. As of May 13, 2019, entities, other than governmental entities, applying for an EIN must list an individual as the responsible party on the application and in some instances must provide that individual’s Social Security number…

Key Takeaways: Emerging technology sectors will soon be subject to new export controls. Affected sectors include biotech, computing, artificial intelligence, positioning and navigation, data analytics, additive manufacturing, robotics, brain-machine interface, advanced materials, and surveillance. New export controls on these sectors will likely require companies to obtain a license to export products to China and other destinations, and impose restrictions on sharing information with foreign nationals. These sectors will also be added the list of industries…

Part II: Offer Letters and Background Checks In a previous article, we addressed certain pitfalls for numerous foreign employers seeking to hire personnel in New York State (see Part 1 regarding advertising and interviewing for a job). This article is the second and last in a two-part series, which will now discuss sensitive New York laws concerning (1) offer letters and (2) background checks. Drafting an Offer Letter Once an employer has decided to extend…

The French data protection authority CNIL has received 3,767 data protection complaints since EU’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018. According to CNIL this is a 64 percent increase compared to the same four-month period last year. CNIL also reported that it has received 600 data breach notifications during the same period. CNIL is in the process of developing new French regulatory tools under GDPR. It has already developed…