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► Full Reference: M.-A. Frison-Roche, "Compliance Law, an adequate legal framework for GAIA-X", in Pan-European GAIA – X Summit, The World with GAIA-X, November18, 2020. - 🧮See the general presentation of the Summit - 📈​See the slides, basis of this intervention. - ► Summary of the intervention: Europe may offer an adequate legal framework for the GAIA-X project through Compliance Law. Compliance Law is a new form for Regulatory Law, driven by "Monumental Goals", negative Monumental Goals, for instance prevention of systemic failures, and positive Monumental Goals, for instance innovation or stability. This very new branch of Law works on these Monumental Goals, which must be explicit and internalized in Crucial Enterprises. These Crucial Enterprises concretize these Goals, supervised by public Authorities.  European Compliance Law already works, for instance about Personal Data protection (case law and GDPR) or prevention banking systemic failures (Banking Union), Compliance Tools being in balance with Competition principle. European Union Law is moving from the Ex-Post Competition Law to the Ex-Ante Compliance Law, internalizing Monumental Goals in Crucial Enterprises.  There is a perfect adequacy between European Compliance Law and GAIA-X. This project built by Crucial Enterprises must be supervised by public authority, maybe a specific or the European Commission. The governance of GAIA-X must be transparent and accountable. This private organization must use it powers in respect of the proportionality principle, controlled by the public supervisory body. The legal framework is required but it is sufficient.  - 📈see the slides, basis of this intervention. - 🎥watch the video of this intervention.  -    

This working paper served as a basis for an interview organized by Olivia Dufour in French in Actu-juridiques-Lextenso on 11st of January 2021.   

Full reference: Frison-Roche, M.-A., "Health Data Hub est un coup de maître du Conseil d'État", interview realized by Olivia Dufour for Actu-juridiques, Lextenso, 22nd of October 2020 Read the news of 19th of October 2020 of the Newsletter MAFR – Law, Compliance, Regulation on which relies this interview: Conditions for the legality of a platform managed by an American company hosting European health data​: French Conseil d'État decision  To go further, on the question of Compliance Law concerning Health Data Protection, read the news of 25th of August 2020: The always in expansion "Right to be Forgotten"​: a legitimate Oxymore in Compliance Law built on Information. Example of​ Cancer Survivors Protection 

Full reference: Frison-Roche, M.-A., Et si le secret de l’avocat était l’allié de la lutte contre le blanchiment ?, interview realized by Olivia Dufour for Actu-juridiques, Lextenso, 15th of October 2020 Read the interview (in French) To go deeper on the place of the attorney in Compliance Law, read Marie-Anne Frison-Roche's working paper: The Attorney, Vector of Conviction in the New Compliance System

Full Reference: Frison-Roche, M.-A., L'aventure du Droit de la Compliance ("The Adventure of Compliance Law"), Chronique de Droit de la Compliance ("Chronicles MAFR – Compliance Law"), Recueil Dalloz, September 24, 2020. Read the Chronicle (in French) This Chronicle of Compliance Law is based on a bilingual working document with additional developments, technical references and hypertext links. Read the Working Paper (written in English).   - Chronicle Summary: Compliance Law is an "adventure" in that it is a new branch of Law, anchored in Regulatory Law, which has freed itself from it while retaining the major principles to which it gives a new breath. In the same way that I entered Sciences Po in 2000 to create a Master de Droit économique centered around Regulation Law, this new branch of Law, a Forum de la Régulation and a Chaire Régulation, now "20 ans après" and as in any adventure, the objective is to give solid, coherent and substantial bases to this Compliance Law which is practiced intensely without being fully conceived. Compliance should not be reduced to a procedure of effectiveness and efficiency of other rules, such as Competition Law or Criminal Law, a sort of enforcement process going from the Ex Post to the Ex Ante, because that would be both too little (simply processes) and too much (the power of Compliance Law in the service of all rules, the violence of Compliance being able to serve in very violent Substantial Law itself, which one can observe in some legal systems). It is necessary to anchor all this new branch of Law in goals, this Law being teleological in nature as is the Law of Regulation. These goals are "monumental", by which the public authorities express still, and more now than in the past, "pretensions", such as the protection of the environment or of people even if they are distant from the territory on which they have traditionally taken. All these "monumental goals" converge towards a goal that encompasses them all: the protection of the person, which justifies the unusual power of legal Compliance mechanisms and the new relationship between States and "crucial operators". In this, Europe is exemplary of what could be this new branch of Law of which it bears the model.   -  

This working paper is an extraction of an eponym newsletter published in the Newsletter MAFR – Law, Regulation & Compliance on 21st of September 2020 on LinkedIn. Read the newsletter of 21st of September 2020

Full reference: M.-A. Frison-Roche, Se tenir bien dans l'espace numérique, in Penser le droit de la pensée. Mélanges en l'honneur de Michel Vivant, Lexis Nexis and Dalloz, 2020, pp. 155-168. - 📝Read the article (in French) - 🚧Read the working paper, written in English, on which this article is based, with additional developments, technical references, and hyperlinks   English summary of the article: The digital space is one of the scarce spaces not framed by a specific branch of Law, Freedom also offering opportunity to its actors to not "behave well", that is to express and diffuse broadly and immediately hateful thoughts through Hate speechs, which remained before in private or limited circles. The intimacy of Law and of the legal notion of Person is broken: Digital permits to individuals or organizations to act as demultiplied and anonymous characters, digital depersonalized actors who carry behaviors that are hurtful to other's dignity.  Against that, Compliance Law offers an appropriate solution: internalizing in digital crucial operators the mission to disciplinary and substantially hold the digital space. The digital space has been structured by powerful firms able to maintain order. Because Law must not reduce digital space to be only a neutral market of digital prestations, these crucial operators, like social networks or search engines, must be forced to substantially control behaviors. It could be about an obligation of internet users to act with their face uncover, "real identity" policy controlled by firms, and to respect others' rights, privacy rights, dignity, intellectual property rights. In their Regulatory function, digital crucial firms must be supervised by public authorities.  Thus, Compliance law substantially defined is the protector of the person as "subject of law" in the digital space, by the respect that others must have, this space passing from the status of free space to the one of civilized space, in which everyone is obliged to behave well.  -   Read to go further:  Frison-Roche, M.-A., L'apport du Droit de la Compliance à la gouvernance d'Internet, 2019 Frison-Roche, M.-A. (dir.), Internet, un espace d'interrégulation, 2016 - 🌐follow Marie-Anne Frison-Roche on LinkedIn 🌐follow Marie-Anne Frison-Roche on Instagram 🌐subscribe to the Newsletter MAFR Regulation, Compliance, Law