French Blocking Statute: A Renewed Interest?

Recent laws—such as the 2016 Sapin 2 Law and the new EU General Data Protection Regulation—provide for rules that are intended to ensure compliance with the French Blocking Statute, which prohibits any French party from requesting or disclosing commercial information, absent a French court order. Many individuals believe that these provisions are likely to lead to increased enforcement of the Blocking Statute.

French Parliament Member Raphaël Gauavin, in a recent unreleased Report to the French Prime Minister, insisted on the strict enforcement of the French Blocking Statute, with increased penalties. If they have not already done so, companies should be considering what risks these new legal provisions create when they are ordered to produce documents in proceedings outside of France.