Invalidity of a bailiff’s statement of purchase where such purchase is made by an intern with the law firm of the applicant

Invalidity of a bailiff’s statement of purchase where such purchase is made by an intern with the law firm of the applicant

In a case opposing CHRISTIAN DIOR COUTURE to ZARA (copyright and design infringement), the Court of Appeal of Paris ruled that the statement of purchase of sunglasses (claimed to be counterfeiting) drawn up by a bailiff is invalid where such purchase was done by an intern with the law firm of the applicant and the statement does not mention it.

The Court ruled that it violates the principle of loyalty in relation to the rules of evidence.

Cour d’appel de Paris, Pôle 5 – chambre 2, 18 octobre 2019, n° 18/08962

Brexit and transfer of personal data to UK

Brexit and transfer of personal data to UK

European Data Protection Board (EDPB) has adopted on 12 February 2019 an information note on data transfers under the GDPR in the event of a no-deal Brexit.

EDPB confirms that as of 30 March 2019, unless an adequacy decision is adopted by the European Commission by then, data transfers must be based either on:

  • standard data protection clauses,
  • binding corporate rules
  • codes of conduct
  • derogations (strictly interpreted).

It is therefore recommended to:

  • identify the data processing which imply a data transfer to the UK,
  • amend the contract with appropriate clauses,
  • update internal documentation (register of processing operations),
  • update privacy notice.