CASE COMMENTS: PROCEDURES – SEARCH AND SEIZURE OPERATIONS – CONDUCT OF INSPECTIONS – SEIZURE OF ELECTRONIC FILES – INSEPARABILITY – ARTICLE L. 450-4 OF THE COMMERCIAL CODE

Seizure of electronic files: The Court of Cassation approves once again the global seizure of electronic documents and confirms the principle of inseparability of electronic mailboxes (Schering-Plough)

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. Criminal Code, June 29, 2011, Schering-Plough Corporation, No. 10-85479. One would almost wonder today whether it is necessary to mention the High Court's judgments confirming the method of global seizure of computer files, and the principle of unbreakability which forms the basis for it, so well established does this case law seem to be. We will therefore not dwell too much on the ruling handed down by the criminal division of the Court of Cassation on 29 June last concerning the inspections carried out in January 2007 at the premises of the Schering-Plough company. However, this case had raised

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Authors

  • University of Paris I Panthéon-Sorbonne
  • Ashurst (Paris)

Quotation

Christophe Lemaire, Simon Naudin, Seizure of electronic files: The Court of Cassation approves once again the global seizure of electronic documents and confirms the principle of inseparability of electronic mailboxes (Schering-Plough), 29 June 2011, Concurrences N° 4-2011, Art. N° 40040, p. 178

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