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The Digital Services Act enters into force

Cabinet Tawa Choisy — Sat, 26 Nov 2022 14:13:01 +0000

The new European regulation 2022/2065 Digital Services Act aims to improve the fight against illegal content by online intermediary services such as internet service providers, cloud services and marketplaces. It modernizes and thus replaces the E-commerce directive dating back to 2000.

In addition to the existing obligation to promptly remove or block any illegal content, these platforms will now have to provide a tool to report illegal content and cooperate with “trusted flaggers”, organizations referenced as such by member states for their skills and expertise.

The platforms will also have to allow users whose account has been suspended or terminated to challenge this decision through an internal complaint handling mechanism.

Very large platforms such as GAFAM will have to, among others, carry out systemic risk analyses, security audits and provide access to their algorithms.

In case of infringement, the European Commission may impose fines of up to 6% of their worldwide turnover on GAFAM.

The European Digital Services Act, published on October 27, 2022, entered into force on November 16, 2022 and will be applicable from January 1, 2023.

European Council approves the “Women on Boards” Directive

Cabinet Tawa Choisy — Tue, 25 Oct 2022 15:41:36 +0000

On October 17th, 2022, the European Council approved the “Women on Boards” Directive that aims at fostering equal treatment and opportunities between women and men on the European employment market by imposing gender quotas within corporate boards. According to this directive, by 2026, companies should have 40% of the underrepresented sex among non-executive directors or 33% among all directors.

The way is still far ahead as this directive still has to be voted by the European Parliament and transposed into member states law.

France has already started to progressively introduce gender quotas since the « Loi Copé-Zimmermann » Act in 2011.

Adoption of the EU Digital Markets Act

Cabinet Tawa Choisy — Fri, 16 Sep 2022 16:46:49 +0000

The DMA European regulation n°2022/1925 was definitively adopted on September 14, 2022.

It aims at regulating the position of “gatekeepers” companies such as intermediation services (marketplaces, application stores), search engines, social networks or even online messaging.

In particular, it requires “gatekeepers” to share essential information with their professional users, relating to the data generated by the use of their platforms, such as marketing data. The DMA correlatively allows professional users to enter into contracts with their customers outside the platforms. Other meaningful measures include the interoperability of instant messaging services.

Any breach by a gatekeeper of the DMA rules may be sanctioned by a fine of up to 10% of its total worldwide turnover, 20% in the event of a repeated infringement.

The DMA will enter into force on November 2, 2022, with application of its provisions as of March 2023.

Pacte Act coming into force

Cabinet Tawa Choisy — Sun, 05 Jan 2020 14:59:51 +0000

The “Pacte” Act no. 2019-486 has entered into force on January 1st, 2020. It brings minor modifications on French corporate law, but also impacts entrepreneurs and investors since:

A single platform will be available online for all corporate legal formalities;
Public researchers will be given the opportunity to work in the private sector. In such case, patents created in the course of this collaboration will be owned by the private entity;
In some strategic industries, foreigners have to apply for a prior authorization procedure. The Pacte Act widely broadens the scope of this procedure.

Raphaël Tawa interviewed by Les Echos

Cabinet Tawa Choisy — Thu, 20 Apr 2017 21:46:21 +0000

Raphaël Tawa interviewed by Les Echos on the Bad and Good Leaver clause under French law

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Succesfull defence of Gogo Runrun’s interests

Cabinet Tawa Choisy — Mon, 12 Dec 2016 21:39:25 +0000

Tawa Choisy successfully defends Gogo Runrun agaisnt French Transport’s syndicate

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Interview on the Gogo Runrun case

Cabinet Tawa Choisy — Tue, 28 Jun 2016 19:36:38 +0000

Raphaël Tawa interviewed regarding the firm’s successfull defence of Gogo Runrun’s interests against French transport syndicate

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Tawa Choisy in Affiches Parisiennes

Cabinet Tawa Choisy — Fri, 02 Jan 2015 19:32:18 +0000

Raphaël Tawa interviewed by Affiches Parisiennes regarding the growth of the firm

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Tawa Choisy conducts My Art Invest’s defence before the FCA

Cabinet Tawa Choisy — Tue, 09 Dec 2014 19:25:21 +0000

Tawa Choisy successfully defends My Art Invest before the Financial Conduct Authority (UK)

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Towards an introduction of class actions under French law?

Cabinet Tawa Choisy — Wed, 07 Nov 2012 13:19:54 +0000

The national consumers council has been asked by the French government to hold a consultation on the opportunity to introduce class action procedure under French law and on its framework. Contributions must be sent before December 1^st, 2012.

The class action procedure allows a group of consumers who have suffered the same type of prejudice by the same professional to introduce a common action in one single case. It would therefore make it possible for consumers to actually enforce their rights, cost-effectively.

The implementation of a class action procedure under French law is expected for 2013 first quarter.