Tag Archives: Fanny Gauthier

French Authorities Publish Guide on Anti-Corruption Internal Investigations

by Bruce E. Yannett, Erich O. Grosz, Alexandre Bisch, and Fanny Gauthier

Photos of the authors

From left to right: Bruce E. Yannett, Erich O. Grosz, Alexandre Bisch, and Fanny Gauthier (photos courtesy of Debevoise & Plimpton LLP)

On March 14, 2023, France’s main anti-corruption authorities, the French Financial National Prosecutor (the “PNF”) and the French Anti-Corruption Agency (the “AFA”), published a 38-page document providing best practices for companies conducting anti-corruption internal investigations in France (the “Guide”).[1]

Although it has no normative value, the Guide is generally helpful for companies that have to conduct internal investigations as part of their mandatory French-style compliance programs and those who conduct internal investigations in anticipation of a potential French-style deferred prosecution agreement (the “CJIP”).

We describe below what we consider to be the main aspects of the Guide. When relevant, we have also added some comparisons and comments from a U.S. perspective.

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France Moves to Boost Its White Collar Enforcement

by Antoine F. Kirry, Alexandre Bisch, Aymeric D. Duoulin, Fanny Gauthier, and Karolos Seeger

On July 7, 2021, a French National Assembly Committee led by MPs Raphaël Gauvain and Olivier Marleix, published a long-awaited 180-page evaluation report about France’s anti-corruption law of December 9, 2016 (the so-called “Sapin II Law”)[1]. While recognizing the significant progress made by France in its fight against corruption and tax fraud over the last five years, MPs suggest further strengthening the existing legal framework. Their 50 recommendations cover various topics, including the French-style deferred prosecution agreement; the self-reporting of corporate crimes; corporate criminal liability criteria; the introduction of a new pre-trial guilty plea; French extra-territorial enforcement of corruption crimes; and the role of the French anti-corruption agency. We provide below the main highlights of the report.

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Schrems II – Where are we now?

by Luke Dembosky, Jeremy Feigelson, Avi Gesser, Jim Pastore,  Friedrich Popp, Christopher Garrett, Fanny Gauthier, Robert Maddox, and Mengyi Xu

As covered in our previous blog post, the CJEU has invalidated the EU-U.S. Privacy Shield for cross-border transfers of personal data from the EU to the U.S. (the “Schrems II” decision) and cast significant doubts over whether companies can continue to use the European Commission-approved Standard Contractual Clauses (“SCCs”) to transfer EU personal data to the U.S., or to other jurisdictions with similarly broad surveillance regimes.

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Schrems II: Privacy Shield Invalid and Severe Challenges for Standard Contractual Clauses

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Yesterday, the Court of Justice of the European Union (CJEU), the EU’s highest court, invalidated the EU-U.S. Privacy Shield for cross-border transfers of personal data.  The CJEU’s decision also cast significant doubts over whether companies can continue to use the European Commission-approved Standard Contractual Clauses (SCCs) to transfer EU personal data to the U.S., or to other jurisdictions with similarly broad surveillance regimes.  The CJEU’s lengthy decision is here and its short-form press release is here (PDF: 319.62 KB).

What does this mean for organizations that rely on Privacy Shield or SCCs?  History suggests that privacy enforcement authorities in the EU may hold their fire while efforts are made to come up with a replacement system for data transfers.  EU authorities hopefully will clarify their enforcement intentions soon.  In any event, organizations that have relied on Privacy Shield will have to turn immediately to considering what practical alternatives they might adopt.  U.S. government authorities will also have to turn to the knotty question of what data transfer mechanisms might ever satisfy the CJEU, given persistent EU concerns about U.S. government surveillance of personal data.

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COVID-19: Three Data Protection Tips for the EU and the UK

by Jeremy Feigelson, Avi Gesser, Jane Shvets, Ariane Fleuriot, Fanny Gauthier, Robert Maddox, and Dr. Friedrich Popp

As businesses adapt to the COVID-19 pandemic, the challenges of managing a remote workforce and its desire for information about the virus’s impact have significant data protection implications. While European Data Protection Board (“EDPB”) guidance (PDF: 211 KB) confirms that the GDPR should not impede the fight against the pandemic, even in these exceptional times, companies must continue to safeguard individuals’ data protection rights.

We share here our top three tips for those who oversee data protection compliance, drawing on guidance from the EDPB (PDF: 211 KB), UK, French, German, and Irish supervisory authorities. Links to other authorities’ guidance are accessible here. Continue reading →

Policing Your Own Jardin – France Signals Eagerness to Take Control of Its White Collar Enforcement

by Antoine F. Kirry, Alexandre Bisch, Frederick T. Davis, Robin Lööf, Line Chataud, Ariane Fleuriot, Fanny Gauthier, and Alice Stosskopf

In light of well-publicized U.S. enforcement actions against French companies (Alstom, Total, Technip, Alcatel, BNP), the French government asked MP Raphaël Gauvain to consider measures to protect French companies faced with foreign extraterritorial judicial and administrative procedures. His long-awaited report was published on June 26, 2019. Entitled “Restoring French and European Sovereignty and protecting our companies from extraterritorial laws and measures,” this 100-page document points out the lack of effective legal tools available to French companies faced with extraterritorial proceedings. Drawing on this, the report makes several recommendations. Continue reading →

France Boosts Tax Fraud Prosecution

by Antoine F. Kirry, Frederick T. Davis, Eric Bérengier, Alexandre Bisch, Robin Lööf, Aymeric D. Dumoulin, Alice Stosskopf, Fanny Gauthier, and Line Chataud

On October 23, 2018, the French Parliament enacted a law aimed at combatting fraud (the “Law”).[1] The most innovative provisions of the Law change key procedural aspects of tax law enforcement, which is likely to result in an increased number of criminal tax fraud prosecutions against both individuals and legal entities. The Law also addresses customs and social security frauds.

Tax Fraud Prosecution: Open the Floodgates Continue reading →