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Articles by Alexandre Balducci
France's Financial Markets Authority Cosndiers It's Options for Reguating Intiial Coin Offerings
On 26 October 2017, France’s Financial Markets Authority, the “Autorité des Marchés Financiers” (“AMF”), published a discussion paper focusing on initial coin offerings (“ICOs”) that highlights the (many) dangers that arise from these unregulated transactions and discusses the regulation options that it currently foresees.[1] The discussion paper is comprised of a short factual assessment and summary legal analysis (based on French law) of ICOs and the nature of tokens, which the AMF states...
Momentum.Africa - opening of top-level domain name to create opportunities to IP right owners
The new generic top-level domain (gTLD) .africa, a regional domain for users located in and out of the continent, has been officially validated by ICANN. More than a decade after its other regional counterparts, such as .eu or .asia, the .africa gTLD has been the subject matter of a legal conundrum for years.
Impact of the Act No. 2016-1321 Dated 7 Oct. 2016 for a Digital Republic on Online Intermediation platforms.
The French Act No. 2016-1321 of 7 Oct. 2016 for a Digital Republic (the “Digital Republic Act”) amends the existing framework for online intermediation platform created under Article L.111-5-1 of the French Consumer code by the Act No. 2015-990 of 6 August 2015. The Digital Republic Act creates a general, autonomous and impersonal status of online platform operator (“OPO”) and completes the existing legal framework relating to consumer protection through the consumers’ prior information.
The ECJ Rules on the Compatibility with EU Law of Domestic Data Retention Requirements Imposed on Providers of Electronic Communications Services. ECJ (Grand Chamber), 21 December 2016, Joined Cases C‑203/15 and C‑698/15 - Lexology
After its invalidation of the data retention requirements imposed by Directive 2006/24/EC in its Digital Rights Ireland decision dated 8 April 2014[1], the ECJ was requested to assess the compatibility with the Directive 2002/58/EC[2] (the “ePrivacy Directive”) and the Charter of Fundamental Rights of the European Union (the “CFREU”) of a domestic legislation mandating a general and indiscriminate obligation to retain traffic and location data, without prior judicial review, for purposes...
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