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Publié le 17-09-2016

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Legal update in France

Publié le 17-04-2015

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January 2015 – Legal update in France

Publié le 15-01-2015

It law – The protection of French websites against cyberattacks

Since the 7, 8 and 9 January attacks in France, many French websites have been attacked.

On Thursday, January 15, ANSSI (French Network and Information Security Agency) published guidance for website administrators to guard against this significant increase of computer hacking.

The vast majority of these attacks does not require a high level of technical expertise and exploits security weaknesses on relatively simple and vulnerable websites, in particular through website defacements, or denial of service attacks.

The ANSSI recalls that it is possible to guard against these types of attacks by applying good practices. It is particularly recommended to use complex passwords for the access to administration interfaces, and to install all the security patches. In case of defacement, the ANSSI also recommends to file a complaint and in particular to keep a copy of the compromised website. Before restoring the site to its normal state and putting it online, it is necessary to correct the identified vulnerabilities.

These good practices are detailed in the following ANSSI information sheet for website administrators: http://www.ssi.gouv.fr/IMG/pdf/Fiche_d_information_Administrateurs.pdf

The complaint can be submitted to specialised central services listed on the following page:  http://cert.ssi.gouv.fr/site/CERTA2002INF002/index.html

The implementation of the ANSSI’s recommendations contained in its computer hygiene guide to IT managers (available on the website www.ssi.gouv.fr) is also strongly recommended.

Employment law – Professional training Personal training account:

Are you ready?

As from January 1st 2015, the individual right of training (i.e. Droit individuel à la formation hereafter
The “DIF”) is replaced by a new system so called the personal training account (i.e. Compte personnel deformation – hereafter the “CPF”).

What are the consequences for the employers ?

To allow employees to use their remaining hours of DIF, the employers must inform, in written, each employee, before January 31st, 2015, about the number of hours of DIF they have acquired and not yet
used, on December 31st, 2014.

What is the formalism required for this information ?

This information must be written and provided to the employee by any appropriate mean. Thus, the employers shall either insert this piece of information on the January 2015’s pay slip, or send a specific slip to the employee, on January 31st, 2015 at the latest.

Whatever the form of deliver, it is strongly recommended that the employer keep a copy of this document, to be able to prove that he has duly fulfilled his obligation.

How to treat training sessions already approved in 2014 that runs, at least for a part of it, over 2015 ?

In this event, the number of hours financed by the accredited fund collecting agency should have been
deducted in advance of the remaining hours of DIF made on December 31st, 2014.

As a consequence, theses hours should not be mentioned in the certificate provided to the employee in January 2015.

At what point the CPF will be accessible to the employees ?

As from January 5th, 2015, the employees have access to their CPF on the website www.moncompteformation.gouv.fr, on which they will have to transcribe the number of remaining hours of DIF as referred on the certificate they have been provided with by their employer.

This website will notably specify the number of hours of training of each employee and the list of the training included within the scope of the professional training.

The remaining hours DIF will not be automatically transferred on the CPF of each individual employee but the employee must publish him / her on his personal account on line.

How will be used these remaining hours of DIF until December 31st, 2020 ?

When an employee benefits from training session within the scope of his/her CPF, the remaining hours of DIF would be used uppermost. When required, it would be completed by the hours of CPF accrued, up to a maximum of 150 hours.

What are the new financial obligations for the employers ?

For the salaries paid in 2015, the company will fund the professional training through payment of a sole
contribution.

The rate of this sole contribution is based on the level of salaries and depends on the headcount of the
company.

In practice, for the contribution calculated on salaries paid in 2014, the companies will have to pay it on
March 1st, 2015 at the latest, according to former regulations. New regulations will apply as from contributions collected in 2016 based on salaries paid in 2015.

For further information or any enquiries, please contact us: contact@harlaylaw.com

Legal update in France

Publié le 05-01-2015

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Moving towards equality in the composition of company boards
and supervisory committees

Publié le 08-04-2011

The law on equal representation of women and men on company boards and supervisory committees was passed by Parliament on January 27 2011.
Pointing out the inequality at the heart of the executive bodies of large French companies, the legislator has imposed the obligation, where either gender is not represented on the board or supervisory committee of a company with shares admitted for negotiation on a regulated market, that at least one representative of that missing gender must be appointed at the next ordinary general meeting at which appointments of board or supervisory committee members is on the agenda.

Moreover, and as far as listed companies are concerned, by 2014 each gender must account for no less than 20% of board or supervisory committee members, this proportion rising to 40% by 2017.
This 40% proportion will also be effective from 2020 for large companies counting at least 500 employees and achieving turnover or a balance sheet total of at least 50 million Euros.
In order to ensure that this legislation is applied, apart from rendering null and void nominations made in violation of the equality principle, the legislator has shown ingenuity in “hitting” attendance allowances, which will be suspended until the position has been adjusted.

More symbolic than revolutionary, this text has the merit of showing the path to be followed on the road to equality.
For more information: ocognard@harlaylaw.com

 About Harlay Avocats:
Founded in 1988, Harlay Avocats (formerly named Kahn & Associés) is an independent law firm with a team of highly skilled lawyers who have a wide range of training and expertise enabling it to advise clients in France and internationally, for their business law needs.
The firm’s clients are French companies and multinational businesses primarily from the US, but also from all over Europe, Israel and China. Most clients are highly innovative businesses, which are in the following industry sectors: information technology, telecom, Internet, medias, luxury industry and life sciences.