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Top Derriennic Associés News

Legal Basis: Difficulties Related to Consent

France · France

Legal Basis: Difficulties Related to Consent

To read the article: Expertises Review No. 514 – July 2025 The post Legal basis: difficulties related to consent (Expertises, July 2025) appeared first on Derriennic associés.Read Article

Penalty and Termination Clauses: What the Court Says About It

Penalty and Termination Clauses: What the Court Says About It

The Caen Court of Appeal provides a useful reminder of the distinction between penalty clauses and termination clauses, here in the area of IT services, and the consequences it entails. The facts In fact, a company specializing in remote secretarial services for healthcare professionals had contracted with an IT service provider for the provision of telephone services, professional internet access and an internet telephony tool (VOIP), all for a…Read Article

The Service Provider's Obligation to Advise

The Service Provider's Obligation to Advise

The Rouen Court of Appeal logically punishes a service provider who, having been informed of a Client's specific requirements, proposed a technical analysis of his needs, which he invoiced but did not carry out, ultimately proposing a faulty and unsuitable solution. The facts In this case, a comic book publisher had called on a data center provider, specializing in hosting, the sale of IT products and hardware, the telecommunications sector and …Read Article

Ceo Fraud: the Bank Not Always Responsible

In a decision dated June 12, 2025 (No. 24-10.168), the Court of Cassation confirmed the position of the Paris Court of Appeal (November 8, 2023, No. 21/20107) by rejecting the claim for compensation of a company that was the victim of so-called "CEO fraud." It thus reiterates the contours of the banks' duty of care in the execution of fraudulent transfer orders. The legal framework and the facts of the case CEO fraud: a well-established modus op…Paris, France · Paris Read Article

Trade Secrets: Rigor Required by the Court of Cassation

No more business secrecy in the absence of a request for withdrawal. The seizure procedure 145: a delicate balance between proof and confidentiality Article 145 of the Code of Civil Procedure allows a party to request, upon request, before any trial, investigative measures to preserve or establish proof of disputed facts. The seizure procedure upon request is a non-adversarial measure, governed by strict procedural guarantees. The effects of the…France · France Read Article

Can I Transfer Personal Data to a Foreign Authority?

On 4 June 2025, the EDPB adopted guidelines aimed at clarifying the provisions of Article 48 of the GDPR, relating to decisions by third countries ordering transfers of personal data. Article 48 of the GDPR states that a judicial or administrative decision from a third country ordering a transfer of personal data may only be recognised or enforced by EU Member States if it is based on an international agreement. This article therefore envisages …Read Article

CSE Expertise: Judges Carefully Frame the Final Cost of the Report

A judgment handed down on June 3, 2025 by the Paris Judicial Court (no.) perfectly illustrates how the judicial judge can reduce the excessive fees of the expert mandated by the CSE for a so-called important project, without calling into question the consultation itself. This decision reminds us that companies have leverage to regulate the excesses of expertise. An expert appraisal triggered on a project with limited scope A digital services com…Paris, France · Paris Read Article

Le refus du statut de télétravailleur

Bien que le litige ayant donné lieu à cet arrêt soit très factuel, la décision du 14 mai 2025 (Cass. Soc., 14 mai 2025, n°23-23.901) a ceci d’intéressant qu’elle valide le fait que puisse être jugé non discriminatoire le refus de l’employeur reconnaître au salarié le statut de télétravailleur alors qu’il exécutait ses fonctions en home office. Des fonctions exercées à domicile sans reconnaissance formelle En l’espèce, une salariée engagée en ta…Aix-en-Provence · Aix-en-Provence Read Article

Does the Right of Access Allow Access to Professional Emails?

On June 18, 2025, the Court of Cassation approved a decision of the Court of Appeal that condemned an employer who had refrained from communicating the content and metadata of the professional emails of an employee who had exercised his right of access. Right of access concerning professional emails An employee exercised his right of access with his former employer in order to obtain a copy of all the personal data concerning him. The employer c…Paris, France · Paris Read Article

Moral Harassment: Internal Investigation, the Requirement for Impartiality Reinforced

In matters of moral harassment, the Court of Cassation imposes on employers a requirement of reinforced impartiality in the conduct of internal investigations, as evidenced by this judgment of May 14, 2025 (Cass. Soc., May 14, 2025, no. 24-13.314). When dealing with a harassment issue, the judge must verify whether the investigation was not entrusted to the person in question, which would expose the company to a risk of conviction. Internal inve…France · France Read Article

CSRD: Less Data, More clarity:

Taking into account the overhauls requested by the Omnibus package, EFRAG has just proposed, in a progress report dated June 20, 2025, a major overhaul of the ESRS standards to halve reporting obligations, while preserving the objectives of the CSRD and the Green Deal. Assumed objective: streamlined, but relevant sustainable reporting In accordance with the mandate given by the European Commission, EFRAG is publishing a progress report on the re…France · France Read Article

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