As we pass the mid-point of 2025, it’s a good time to review the important developments we have seen in the first 6 months of this year, particularly reforms to the UK’s data protection laws, the EU’s pathway to...more
Employers are increasingly monitoring and filtering the web browsing habits of employees. The Commission Nationale de l’Informatique et des Libertés (CNIL) recently released new guidance (for public comment) on how...more
France's Data Protection Authority (the “Commission Nationale de l'Informatique et des Libertés” or “CNIL”) has issued comprehensive recommendations intended to assist businesses that are develop artificial intelligence...more
Online political advertising has become central to modern electoral campaigns. However, the growing lack of transparency, particularly regarding funding, targeting, and data processing practices, raises serious concerns about...more
Key Points - - The French CNIL’s recent guidance regarding the application of legitimate interest as a legal basis in AI training is welcome, but several other AI regulatory issues remain unresolved. - Issues such as...more
On 12 June 2025, the French data protection authority (CNIL) launched a public consultation on a draft recommendation regarding the use of tracking pixels in emails. This recommendation roughly assimilates pixels and any...more
Finding a European consensus around the regulation of artificial intelligence (AI) does not start with the adoption of laws. It results from their common interpretation and articulation within a broader digital regulatory...more
On January 31, 2025, the French supervisory authority (CNIL) published the final version of its guide on transfer impact assessments (TIA). A TIA must be undertaken by organisations relying on one of the ‘appropriate...more
The CNIL has published its strategic plan for the period of 2025-2028. This is typical of the CNIL, who regularly inform its stakeholders of its priorities....more
App permissions do not satisfy the requirements for valid consent for the purpose of GDPR because they lack sufficient detail and granularity, according to the Commission Nationale de l’Informatique et des Libertés (CNIL)....more
The Commission Nationale de l’Informatique et des Libertés in France recently took action against misleading cookie banners as subverting true consent. This is not a new issue, though, with the Federal Trade Commission, the...more
Recent decisions by the French data protection authority (CNIL) have highlighted the importance of GDPR compliance, particularly in the areas of data retention, consent for processing sensitive personal data, and marketing...more
France actively participates in international efforts and the EU AI Act negotiations, and proposes sector-specific laws. Laws/Regulations directly regulating AI (the “AI Regulations”) Currently, there are no specific...more
The CNIL’s newly released recommendations for AI system developers set out the regulator’s expectations for the entire development process of an AI system, from design to database creation and integration, ensuring...more
The French Data Protection Authority (CNIL) recently imposed a EUR 310,000 fine, representing 1% of its turnover, on FORIOU, a telemarketing company promoting loyalty programs. The fine stemmed from FORIOU’s use of...more
The French Data Protection Authority announced a €600,000 fine against Groupe Canal+ over concerns with the media company’s direct marketing activities. According to the CNIL, the company sent users email marketing without...more
On 16 October 2023, France’s Data Protection Authority, the National Commission on Informatics and Liberty (CNIL), issued a set of guidelines for complying with the EU General Data Protection Regulation (GDPR) when...more
In an important judgment handed down on 29 June 2023 (Case C-211/22), the Court of Justice of the European Union (the "CJEU") ruled that a vertical agreement to fix minimum prices does not necessarily constitute a restriction...more
“I would like France to be one of the leaders in artificial intelligence; I would like Europe to be one of the leaders in artificial intelligence.” This statement by President Emmanuel Macron in 2018 sets out clearly the...more
As we noted in our 2023 DSIR, there has been a flurry of activity within the information governance space, at home and abroad. This activity deserves further analysis, because while it seems from a distance that there are...more
The French Data Protection Authority imposed a €280,000 fine for GDPR infringements and a €100,000 fine for violation of French cookie rules. On 11 May 2023 the French Data Protection Authority (the CNIL) handed down its...more
On March 16, 2023, the French Data Protection Agency (the “CNIL”) imposed a fine of € 25,000 on the company CITYSCOOT in connection with a finding that CITYSCOOT failed to comply with the obligation to ensure data...more
The French Data Protection Authority capped off 2022 by terminating an investigation into Lusha Systems, Inc.’s compliance with GDPR. CNIL concluded that the law did not apply to the US company’s activities...more
The European Data Protection Board (EDPB) adopted a draft report of the work undertaken by the Cookie Banner Taskforce (the Report). The Report describes how regulators apply cookie legislation in handling certain types of...more
Welcome to the first edition of the Litigation Gazette. Each quarter, BCLP's Paris team keep you informed of the main litigation news in competition law, commercial litigation, labor law, IP/IT/Data and compliance. In this...more