The Gauvain Report to "Restore the sovereignty of France and Europe and protect our companies from laws and measures with extraterritorial scope" was submitted to the French Prime Minister on 26 June 2019.
As its name suggests, it aims to highlight the lack of legal tools available to French companies and preventing them from dealing with extraterritorial legal actions brought against them.
Over the past twenty years, these have multiplied and come essentially from American sources. They allow the United States to investigate, prosecute and condemn corporate business practices on various grounds.
As noted in the Report, French companies are particularly vulnerable as French law remains very incomplete. For example, France is one of the few countries that does not protect the confidentiality of companies' domestic legal opinions, making it an easy target for foreign authorities. In addition, the so-called "blocking" law of 1968 is insufficient to require compliance with international cooperation agreements or mutual assistance treaties by foreign authorities. Finally, the Cloud Act allows US judicial authorities to obtain all non-personal data from legal entities by presenting a simple mandate to digital data storage providers.
That is why the Gauvain Report calls for rapid and effective action to counter this growing phenomenon. To this end, it presents three proposals for measures:
These measures go along with six additional recommendations:
1. Law No. 68-678 of 26 July 1968 on the communication of documents and information of an economic, commercial, industrial, financial or technical nature to foreign natural or legal persons
2. Clarifying Lawful Overseas Use of Data Act - CLOUD Act - of 23 mars 2018
3. Law No. 68-678 of 26 July 1968 on the communication of documents and information of an economic, commercial, industrial, financial or technical nature to foreign natural or legal persons
4. Regulation (EU) No. 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data