Changes in sanitary conditions at work starting from January 6, 2021

The National Protocol to ensure the health and safety of company employees in the face of the Covid-19 epidemic in France has been updated on January 6, 2021.

The main updates to this guide of good practices relate to :

  • The generalization of telework for eligible areas of activities with the possibility of working face-to-face once a week. For this, employees should express their request and the employer shall agree;
  • Telephone or video-conferencing should be favored for the meetings’ organization and in-person meetings should remain for exceptional circumstances ;
  • Use of the TousAntiCovid application to facilitate the follow-up of contact cases ;
  • The suspension of employees’ social gatherings at the workplace ;
  • The protection of people at risk of severe forms of the Covid-19.

For more information :

2021-01-12T09:33:14+01:00January 11th, 2021|

The Steering Legal advises owning company Dubai Developments in the negotiation of Hotel Management Agreements for its iconic Dubai hotels Al Murooj and Al Bustan

The Steering Legal has represented Dubai Developments, owner of the iconic Dubai hotels Al Murooj and Al Bustan, in the negotiation of the Hotel Management Agreements relating to the takeover by AccorHotels of the operation of the two hotels under Swissotel & Swissotel Living and Movenpick brands respectively.

Part of the multi-purpose luxury Al Murooj Complex, comprising residential towers of 400 luxury apartments & penthouses and a state-of-the-art leisure centre, the Swissotel & Swissotel Living Al Murooj is one of the Dubai’s finest City Lifestyle Resort set in the heart of Downtown Dubai, opposite Dubai Mall, DIFC and Burj Khalifa. The 5-star hotel features luxurious 251 guest-rooms and suites, 141 serviced apartments and 6 dining venues.

The Movenpick Grand Al Bustan is an upper-upscale hotel featuring 279 guest-rooms and suites, 7 restaurants and bars, one of the biggest convention centres in Dubai and is located just minutes away from the Dubai International Airport.

Dubai Developments is a major real estate property investment, development and management company, creating premium spaces in residential, commercial and hospitality sectors. It is reflected in a portfolio which includes more than 6,000 residential units and some of the iconic towers and hotels developments in the United Arab Emirates.

The Steering Legal team was led by partner Olivier Arwacher.

2020-12-21T15:32:09+01:00December 18th, 2020|

The Steering Legal advises Action Hotels on the Conversion of its portfolio of 9 hotels in the Middle East into a Franchise model

The Steering Legal has advised Action Hotels Company in the conversion from a management model to a franchise one and negotiating the franchise agreements for its portfolio of 9 operating hotels, representing 1,603 key-rooms under AccorHotels brands across the Middle East (Kuwait, Bahrain, UAE Dubai & Sharjah, Oman and Jordan).

Action Hotels Company is a Dubai based company, leading owner, developer and asset manager of branded three- and four-star hotels in the Middle East and Australia, and currently operating fourteen hotels providing a total of around 2,500 rooms.

Action Hotels Company is the hospitality subsidiary of Kuwaiti group Action Group Holding Company.

The Steering Legal team was led by partner Olivier Arwacher.

2020-12-21T15:32:42+01:00December 18th, 2020|

Best and Quality Practice : our Social Departement stands out once again

According to the Décideurs magazine, the Social Departement of Steering Legal, headed by the partner Gwenaëlle Artur, has distinguished itself in the 5 following areas of practice :

  • High risk litigation and Criminal Labor Law, ranked as Highly Renowned
  • Restructuring, redundacy plans and associated litigation, ranked as Quality Practice
  • Social management of F&A and social auditing, ranked as Best Practice
  • Collective bargaining and labour relations, ranked as Best Practice
  • Representation of Executives, ranked as Best Practice

2020-12-18T11:44:21+01:00December 18th, 2020|

Our Tax Department is once again classified as Excellent and Highly Renowed

According to the Décideurs magazine, the Tax Departement of Steering Legal, headed by the partner Jean-François Bette, has distinguished itself in the 4 following areas of practice :

  • Tax audit and assistance in recovery, ranked as Highly Renowned
  • Taxation of transactions, ranked as Highly Renowned
  • Taxation of international groups, ranked as Highly Renowned
  • Taxation of assets, ranked as Quality Practice

2020-12-21T15:37:05+01:00December 18th, 2020|

Google and Amazon condemned by the CNIL to €100M and €40M fines for violation of the regulation: advertising cookies, where do we stand?

After the publication, on September 17, 2020, of new guidelines and a recommendation on advertising cookies, in which it insists on the importance of information and consent of Internet users, the CNIL has just heavily sanctioned Amazon and Google for violating the applicable rules in this area, set by Article 82 of the “Informatique et Libertés” Act.

Why has the CNIL condemned Amazon and Google?

On December 7, 2020, the French Data Protection Authority CNIL sanctioned Amazon and companies Google LLC and Google Ireland Limited for violation of Article 82 of the law No78-17 of January 6, 1978 amended so-called “Informatique et Libertés” Act.

This condemnation follows several online controls carried out by the CNIL, during which the Authority found that advertising cookies are deposited on the computers of Internet users when they consult and websites without prior consent and without satisfactory information.

Cookies are deposited as soon as web users arrive on the websites, which is incompatible with the obligation to obtain their prior consent. As for the information provided, it is unclear and incomplete:

  • The banner displayed by Amazon “by using this site, you accept our use of cookies to offer and improve our services. Learn more” contains only a general and approximate description of the purposes of all cookies deposited. It does not specify to the web users that they have the right to refuse these cookies and the means available to them to do so;
  • Google’s one simply indicates “reminder regarding Google’s privacy policy” in front of which there are two buttons “remind me later” and “view now”. No information is provided even though cookies have already been placed on the web user’s computer when he/she arrives on the website;
  • The “opt-out” mechanism, which allows the web user to disable the personalization of ads on Google’s search engine, is partially defective, as one of the advertising cookies remains stored on the web user’s computer and continues to read information to the server to which it was attached.

The CNIL therefore considered that these companies did not allow web users to be previously and clearly informed about the fact that cookies were deposited on their computer or about the objectives of these cookies and noted the lack of available means to refuse them.

Amazon was fined 35 million Euros and Google’s subsidiaries were fined 60 and 40 million Euros; these amounts being justified by the seriousness of the breaches observed. The CNIL ordered them to provide information to Internet users within 3 months from the notification of its decisions, under penalty of 100,000 euros per day of delay.

Reminder: how to validly collect the consent of web users?

The CNIL reminds that the consent must be free, specific, enlightened and univocal and manifested by a positive action of the web user (check box, button to activate), who shall have been previously informed of the consequences of his/her choice and be given the means to accept, refuse and withdraw his/her consent.

The consent must be given before the deposit and/or reading of cookies.

The new features introduced by the CNIL in its guidelines and in its recommendation on cookies

The modifying guidelines and the recommendation on the use of cookies and other tracers adopted by the CNIL on September 17, 2020, published on October 1, 2020, aim to draw the consequences of the ruling of the French Administrative Supreme Court Conseil d’Etat on June 19, 2020, which annulled certain previous provisions (no. 434684).

Website publishers and online advertising players have a period of 6 months to comply with it, i.e., before April 1, 2021.

  • Collection of web users’ consent

Henceforth, the simple fact of continuing to navigate on a website cannot be considered as a valid expression of the Internet user’s consent.

Web users must consent by a clear positive act: for example, clicking on the “I accept” button in the information banner.

The CNIL also recommends that the consent collection interface include not only an “accept all” button but also a “refuse all” button.

  • Refusing to give consent

Web users must be able to refuse cookies as easily as they have been offered to accept them, as ruled by the Conseil d’Etat in its ruling dated June 19th, 2020.

The CNIL considers that when a single click is required to accept cookies while several actions are necessary to set up a refusal, there is a risk that the Internet user, who generally wishes to access the site quickly, will be influenced. Web users must therefore be provided with simple and direct means to refuse to give their consent.

The CNIL recommends that websites, which generally retain consent to cookies for a certain period of time, also retain the refusal of Internet users.

  • Cookies exempt from consent

However, certain cookies are exempted from the collection of consent, such as those for “operations whose exclusive purpose is to enable or facilitate communication by electronic means or are strictly necessary for the provision of an online communication service at the express request of users”.

Cookies for audience measurement can thus benefit from an exemption from consent provided that they are strictly necessary for the provision of the service.

  • Information of web users

Web users must be clearly informed of each purpose of the trackers before giving their consent as well as the consequences of accepting or refusing trackers. Web users must also be informed of the means of withdrawing their consent as well as the identity of all actors using tracers subject to consent.

The CNIL reminds that the information must be accessible, both from the first screen and then, that it must be made available to Internet users on a permanent basis, in an easily accessible place at any time on the website.

  • Retention period of cookies

The retention times differ for each cookie:

  • 25 months for technical cookies;
  • 13 months for consent cookies;
  • Duration to be assessed “on a case-by-case basis” for cookies requiring consent, 6 months being a duration deemed adequate.

Contact: Stéphanie Berland, Partner in charge of IP/IT/Data Department

2020-12-16T17:48:28+01:00December 16th, 2020|