Reindustrialization and the circular economy: A first in France!

Joffe & Associés (Mathieu Gaudemet and François-Xavier Fumery) is delighted to have advised the Rouen Normandy Metropolitan Area in defining its land strategy and implementing its urban pre-emption right, enabling it to acquire the Chapelle Darblay industrial site and immediately resell it to a major operator committed to maintaining paper manufacturing activities at the site.
A first in France at this scale and a remarkable example of reindustrialization supporting the circular economy!

 

For Nicolas Mayer-Rossignol, Mayor of Rouen and President of the Rouen Normandy Metropolitan Area:

« This is a historic decision for environmental protection, the circular economy, and reindustrialization in France. And it is happening in the Rouen metropolitan area! In October 2021, Chapelle Darblay’s owner, UPM, was planning to sell the plant to a buyer whose project would have meant ending the on-site recycling and processing of paper and cardboard. We therefore exercised our pre-emption right, as permitted under French law, with a view to transferring the site to a buyer capable of preserving and developing its circular-economy expertise.
Today, we are signing the transfer of ownership of the Chapelle Darblay plant and its production assets to Veolia. This is the first time a local authority in France has exercised its pre-emption right over a site of this scale, including its production assets. On the very same day, we are buying and reselling the site — in this case, to the Veolia Group.
Throughout this fight, we stood our ground, notably alongside union representatives, whose commitment was exemplary and without whom none of this would have been possible. We fight for social and climate justice, and for jobs.
»

 

Read the Rouen Normandy Metropolitan Area press release here: MRN Chapelle Darblay Press Release, May 10, 2022 (002)

 

REINFORCEMENT OF CNIL CONTROLS – BE CAUTIOUS WITH WEB ANALYTICS TOOLS

By Mathieu GAUDEMET, Romain SOIRON et Delphine GASNE FRYE

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The French data protection authority (CNIL) recently shared its priorities for the year 2021 and announced the reinforcement of controls on compliance with the rules applicable to cookies. More specifically, from April 2021, the CNIL plans to extend its controls to verify compliance with the rules for obtaining consent.

 

As a reminder, Article 82 of the French data protection act transposes Article 5.3 of the ePrivacy Directive into French law and provides for the obligation to obtain the consent of Internet users prior to any writing or reading of cookies. On this basis, the CNIL has adopted new guidelines and recommendations  on the use of cookies.

 

Although some are exempt, most cookies require the prior consent of the Internet user.

 

When consent is required, it must be obtained prior to the deposit and/or reading of cookies and must be free, specific, unambiguous, informed, and manifested by a statement or by a clear positive act. The Internet user must be able to withdraw consent at any time.

 

Among the cookies that do not require prior consent, web analytics tools receive special attention. Although their use is widely spread, it is necessary to use them with caution because the exemption is limited. Indeed, web analytics tools can only be exempted if their use is limited to measuring the website’s audience exclusively for the website publisher and if the statistical data remain anonymous. Thus, when the data are transferred to a third party or when the cookies allow the global tracking of the user’s navigation, it is no longer possible to benefit from the exemption. It is therefore necessary to obtain the Internet user’s consent.

 

Our firm closely monitors CNIL issues and assists all its clients in their compliance process. We can, for example, produce a report on the existing situation and create an operational document for webmasters so that they can make the necessary adaptations to comply with the legal requirements.