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CONTRACTS
What you need to know about the latest reforms
- Order n°2018-1125 of December 12 2018 and the decree n°2019-536 of May 29 2019 concerning compliance of French law with the GDPR and the so-called “police-justice” directive comes into effect on June 1st 2019: it re-organizes and re-writes the French Data Protection Act and incorporates the specific national provisions on those matters where the GDPR provides member States with a degree of latitude.
- Order n°2019-359 of April 24 2019 introduced a cap on notice period required when terminating a contract: the maximum notice period is 18 months (art. L442-1, II of the French Commercial Code).
Take the opportunity to ensure that your contracts are up to date with previous reforms on:
- Contract law (Order n° 2016-131 of February 10 2016 as ratified by law n°2018-287 of April 20 2018), in particular in regards to pre-contractual information, duration of contract (renewal or extension), termination clauses, etc.
- The protection of trade secrets (art. L151-1 and seq. of the French Commercial Code), to supplement the obligations of confidentiality of privileged information and their duration.
- Obligations in the fight against corruption (law n°2016-1691 of December 9 2016 known as “Sapin 2”) and the implementation of suitable preventive measures depending on the size of your company or of your group.
- Personal data protection (GDPR, EDPS guidelines, advice from French data protection authority the CNIL, etc.).
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For further information or questions please contact us at contact@harlaylaw.com.