We are currently experiencing an interesting time in our economy around the future of work. In describing the future of work, there are four main aspects that come into play: (i) People will be able to work remotely and with flexible schedules; (ii) New industries and jobs will be created complementary to technology; (iii) There will be more entrepreneurship and self-employment; and (iv) Due to technology advancements, there will be fewer jobs that require humans.

Against this backdrop, the COVID-19 outbreak pointed out that these new working norms are going to become the future. In fact, more and more companies wonder whether people can work effectively and achieve a level of work-life balance in light of these new working conditions. At the same time, there is considerable research showing that diversity can be the answer to these considerations, leading to a significant performance advantage.

As law firms around the world have been forced into an unplanned experiment with remote and flexible working, the webinar will aim to explore what the new COVID-19 reality means for the workforce and how can they embrace the pandemic’s opportunities for learning and thriving in the workplace.

K&L Gates ranked “Highly Recommended” with Claude-Etienne Armingaud.

Source: Leaders League

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On January 23, 2019, the EU Data Protection Board (“EDPB” – the gathering of all European Union (EU) data protection authorities) adopted opinion no. 3/2019 (the “Opinion”) on the interplay between the Clinical Trials Regulation no. 536/2014CTR”) and the General Data Protection Regulation (“GDPR”). Anticipating the application of CTR (currently expected to occur in 2020) following the implementation of the EU portal and the EU database of the European Medicines Agency, the Opinion provides clarification on (i) the different legal bases for the processing of personal data operations related to a specific clinical trial, from commencement of the clinical trial until the deletion of personal data collected during the clinical trial (“Primary Use”); and (ii) the further use of the same personal data set for any other scientific purposes (“Secondary Use”). Without establishing a legal basis, no one can process the personal data needed to run a clinical trial or to use the personal data for other research.

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On January 21, 2019, the French Data Protection Authority (Commission Nationale de l’Information et des Libertés, or “CNIL”) published its first sanction rendered under the General Data Protection Regulation (“GDPR”).

Barely eight months after GDPR entered into force, and the subsequent group actions that were introduced in France, the CNIL followed in their footsteps its other European counterparts. However, while Portugal in July drew first against a hospital with a EUR 400,000 fines, the Austrian and German follow-ups, respectively for EUR 4,800 and 20,000 underwhelmed in contrast with the EUR 20 million, or 4% of the global turnover of a company (which ever the greatest) maximum fines allowed under GDPR.

Today’s CNIL decision nevertheless set the possible path for upcoming application of GDPR, by striking a EUR 50 million fine against Google LLC.

This sanction followed the group complaints formed by Maximilian Schrems’s association “None Of Your Business” (“NOYB” – already behind the cancellation of the Safe Harbor in 2015 and currently litigating against the Standard Contractual Clauses in Ireland) and La Quadrature du Net (“LQDN”), which received a mandate from 10,000 individuals to refer the matter to the CNIL.

The CNIL grounded its decision on the lack of transparency and inadequate information of the individuals in order to deem the consent regarding the ads personalization invalid.

On the one hand, the CNIL highlighted that the information of the data subjects was diluted in a myriad of documents while applying to a plurality of services at once (e.g. Google search, You Tube, Google Home, Google Maps, Playstore…). This did not allow the user to gain a “just perception of the nature and the volume of data collected.”

On the other hand, the consent-gathering mechanism was deemed inadequate to obtain the “specific” and “unambiguous” consent required for such data processing operations. The CNIL notably criticized the blanket acceptance of “the processing of [users’] information as described above and further explained in the Privacy Policy”, which, according to the Regulator, does not allow the users to opt-it to the each particular processing operation at stake without additional steps for the users to reach the required information.

This decision, in addition to be the first rendered by the CNIL under GDPR, will also in all likelihood be the last under the current Secretary General, Isabelle Falque-Pierrotin, who will be replaced on February 1st, after heading the CNIL since 2011.

K&L Gates ranked “Highly Recommended – Band 1” with Etienne Drouard & Claude-Etienne Armingaud.

Source: Leaders League

K&L Gates LLP advises on sophisticated global and domestic IT projects and is another name to note in very innovative digital projects for major French clients. The seven-lawyer team is also a reference for data privacy matters and is handling an important dispute with the French data regulator regarding the use of cookies.

Several high-profile luxury goods manufacturers also use the practice. Practice head Etienne Drouard is highly recommended and recently promoted partner Claude-Etienne Armingaudwastes no time and is straight to the point’.

Source: Legal 500