FRANCE Law and Practice Contributed by: Frédéric Sardain and Claire Allavena, Jeantet
independent authority, except in emergencies. Subsequently, the French Criminal Procedure Code (article 60-1) and court decisions have been aligned with this CJEU ruling. 2.3 Collective Redress Mechanisms The Representative Actions Directive (EU Direc - tive 2020/1828) aims to create a harmonised framework across EU member states for collec - tive redress, particularly in consumer protection cases. France is late in transposing the Repre - sentative Actions Directive, as the deadline for doing so was 25 December 2022, but France is now in the process of implementing the Direc - tive into its national legislation. The objective is to enhance the existing framework for collective redress, making it more accessible and aligning it with the provisions set forth by such Directive. The French System for Collective Redress The French legislator wanted to avoid the excesses attributed to the American “class action.” As such, it has opted for several restric - tions that significantly reduce the effectiveness of class action in France. France does not have one single, unified system. In fact, there are six, including one for personal data. In addition to the reduced scope of application, the vast majority of the class actions do not offer the possibility of claiming compensation for the entirety of damages. For example, Article L. 623- 2 of the French Consumer Code states that the class action can only claim compensation for economic loss resulting from material damage suffered by consumers. To benefit from the class action (opt-in system), the plaintiff must declare himself within a certain period.
Only consumer associations can proceed with collective redress related to personal data. As France moves to implement the Representa - tive Actions Directive, the landscape for collec - tive redress is likely to become more accessible and structured, enabling consumers to pursue their rights effectively. 3. Data Regulation on IoT Providers, Data Holders and Data Processing Services 3.1 Objectives and Scope of Data Regulation The Data Act, which came into force on 11 Janu - ary 2024 and will be applicable in September 2025, aims to govern access to and sharing of data, particularly in the Internet of Things (IoT) context. Its primary objective is to create a fairer and more competitive single-data market within the European Union. The Data Act grants users the right to access data generated by their connected products, which means that manufacturers must provide users with easy and direct access to this data in an interoperable and reusable format. This right particularly applies to data related to the product’s operation and performance data, often crucial for maintenance and repair. Significant emphasis is placed on data interop - erability. Manufacturers are required to design compatible products that allow users to easily transfer data to other services or platforms. This promotes competition and the creation of a more open ecosystem. In certain cases, manufacturers may be required to share the data they collect with third parties,
130 CHAMBERS.COM
Powered by FlippingBook