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The "Confédération Suisse" (Swiss Confederation) has decided to establish a new regulatory system to make more effective liberalization of the postal sector, playing both on competition, the strengthening of the powers of the regulator and the privatization of the incumbent operator. The system entering in place on the 1st of October 2012, the "Conseil Fédéral" (SwissFederal Council) appointed the new board members of the "Poste Suisse (Swiss Post)" as well as those who will lead the new regulator: the Commission de la Poste - PostCom". We observe that these are the former managers of the "Post Suisse".

Ofcom Riverside House 2a Southwark Bridge Road London SE1 9HA United Kingdom Phone call : +44(0)300 123 3333 or +44(0)20 7981 3040 Open Monday to Friday from 9.00am to 5.00pm.

In France, The "Autorité de la Concurrence" -ADLC (French Competition Authority) may deliver opinions. An association of importers of petroleum products asked it his opinion on statistics of sales made by each warehouse of petroleum products on each area of the national territory, published monthly. By notice on May 15, 2012, the Authority replied that such statistics on each operator are welcome because they generate transparency on the retail market, although it should be that statistics cover all of the territory and are published every six months or annually.

Translated summaries

 

ENGLISH

France and Italy had subsidized rail alpine highway, but the project was behind schedule. Thus, an prolongation of governments support was necessary. The European Commission admittedit in its decision of 11 June 2012, because States are committed the concession will be effective on June 30, 2013 and mostly because this mode of transport will be an alternative to transporting goods.

 

FRENCH

La France et l’Italie avaient subventionné l’autoroute ferroviaire alpine, mais le projet a pris du retard. Ainsi, une prolongation du soutien des gouvernements était nécessaire. La Commission européenne l'a admis dans sa décision du 11 Juin 2012, parce que les États se sont engagés et que la concession sera effective le 30 juin, 2013, surtout parce que ce mode de transport sera une alternative au transport routiers par camions des marchandises.

This is currently the great battle and no one knows the outcome.

By its jugdment Grande Stevens of 4 March 2014, the European Court of Human Rights held that a state can't punish a person for a criminal penalty and administrative penalty for the same fact, criticized in market matters.

In the movement of the "dialogue of judges," the Conseil d'Etat (French State Council) asked 27 July 2014 the Conseil constitutionnel (French Constitutional Counci) l the question of compliance from this addition to the French Constitution for financial penalty in the use of public funds. By a decision of 24 October 2014, the Constitutional Council considered that this combination was consistent with the Constitution, mainly because the administrative sanction would be a "different kind" as  punishment, because each pursues a different objective.

In turn, by a judgment of 17 December 2014, the Cour de cassation  (French Judicial Supreme Court) decided to refer to the Constitutional Council two priority issues of constitutionality.

The presentation of the problem by the Cour de Cassation is the following. By its terms, it shows the hostility of the Court of Cassation to the doctrine hitherto developed by the State Council and the Constitutional Council.

First, the interpretation of French law provides penal proceedings against a person for facts on which it has been exonerated by the financial regulator by the Sanctions Committee thereof. This may contradict the constitutional principle of res judicata, as incurred administrative penalties are comparable to penal sanctions.

Second, this possibility could also contradict the constitutional principles of equality, necessity of criminal law and respect of non bis in idem mechanism.

Full reference: Frison-Roche, M.-A., Compliance by Design, a new weapon? Opinion of Facebook about Apple new technical dispositions on Personal Data protection, Newsletter MAFR - Law, Compliance, Regulation, 31st of August 2020

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Summary of the news:

Personal Data, as they are information, are Compliance Tools. They represent a precious resource for firms which must implement a vigilance plan in order to prevent corruption, money laundering or terrorism financing, for examples. It is the reason why personal data are the angular stone of "Compliance by design" systems. However, the use of these data cannot clear the firm of its simultaneous obligation to protect these same personal data, that is also a "monumental goal" of Compliance Law. 

In order to be able to exploit these data in an objective of Compliance and protecting them in the same time, the digital firm Apple adopted for example new dispositions in order to the exploitation of the Identifier For Advertisers (IDFA) integrated in the iPad and in the iPhone and broadly used by targeted advertising firms, is conditioned to the consumer's consent.

Facebook reacted to this new disposition explaining that such measures will restrict the access to data for advertisers who will suffer from that. Facebook suspects Apple to block the access to advertisers in order to develop its own advertising tool. Facebook guaranteed to advertisers who work with it that it will not take similar measures and that it will always favor consultation before decision making in order to concile sometimes divergent interests. 

We can sleep and already make some remarks:

• GDPR imposing to companies that they guarantee a minimal level of protection for personal data does not apply in the United-States. It is then possible that Apple acted through Corporate Social Responsibility (CSR), more than through legal obligation. 
• The mode of regulation used here is the "conversational regulation" theorized by Julia Black. Indeed, regulators let the forces in presence discuss. 
• This "conversational regulation" does not seem to be very efficient in this case and an intervention of administrative authorities or of judges could be justified via Competition Law, Regulation Law or Compliance Law, knowing that Competition Law will favor access right to information and Regulation or Compliance Law private life right. 

The whole paradox of Compliance Law rests in the equilibrium between circulation of information and secret. 

Regulation : a primer

1994, 27 April, Municipality of Almelo