CASE COMMENTS: REGULATIONS – FRANCE – REGULATORY AUTHORITIES – GUIDELINES – POWER TO IMPOSE SANCTIONS

Electronic communications: The French Administrative Supreme Court defines the margin of interpretation that regulatory authorities have when exercising their power to impose sanctions whilst applying again two of its decisions to guidelines (La Quadrature du Net, Caliopen)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Article 82 of Law No. 78-17 of January 6, 1978 relating to computers, files and freedoms, resulting from the transposition into French law of the so-called e-Privacy Directive (2002/58/EC) of July 12, 2002 amended in 2009, states that "Any subscriber or user of an electronic communications service must be informed in a clear and complete manner, unless it has been previously informed by the data controller or his representative :1° Of the purpose of any action tending to access, by electronic transmission, information already stored in his electronic communications terminal equipment, or to enter information in this equipment; 2° Of the means at his disposal

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Emmanuel Guillaume, Roman Roussel, Electronic communications: The French Administrative Supreme Court defines the margin of interpretation that regulatory authorities have when exercising their power to impose sanctions whilst applying again two of its decisions to guidelines (La Quadrature du Net, Caliopen), 16 October 2019, Concurrences N° 1-2020, Art. N° 93394, pp. 153-155

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