France has strict laws on the ability of a company to monitor its employees’ computers. But a recent French decision found that files created by an employee on a computer issued by the company for work purposes are presumed professional unless the employee identified them clearly as personal. So the company can open these files [...]
France Decides Not to Criminalize International Bribery
on March 17, 2009 in Foreign Corrupt Practices Act
“France has severely restricted its jurisdiction and its ability to prosecute cases with an international dimension, which, given the country’s importance in the international economy and the scale of many of its companies, is very regrettable,” according to a report by GRECO. The Group of States against Corruption (GRECO) was established in 1999 by the [...]
CNiL Information on Whistleblower Systems
on October 30, 2008 in Privacy, Whistleblower
To follow-up on French Data Protection Authority Blocks SOX Whistleblower Programs and Whistleblowers in France, here is CNiL‘s FAQ on whistleblowing systems and guideline document for whistleblower systems. CNiL defined a set of rules to be followed for whistleblower systems to be compatible with French data protection laws: Unique Authorisation dated December 8, 2005 (in French, without [...]
French Data Protection Authority Blocks SOX Whistleblower Programs
on October 30, 2008 in Privacy, Whistleblower
As a follow-up to the Whistleblowers in France, John B. Reynolds, III and Amy E. Worlton of Wiley Rein LLP offer more insight to the programs and decisions. CNIL found that employees’ ability to lodge anonymous complaints would increase the likelihood of malicious false reports. CNIL also found that the two companies’ plans would not [...]
Whistleblowers in France
on October 30, 2008 in Privacy, Whistleblower
French privacy law limits the ability to use anonymous hotlines. In France, the French Data Protection Authority (La Commission Nationale de l’Informatique et des Libertés (CNIL)), an administrative agency, oversees processes involving the collection or compilation of personal data. In 2005 they decided that two reporting procedures were in violation of French privacy law. McDonald’s [...]
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