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Post refers to the economic activity of delivering letters and parcels. Community Law has liberalized postal activity with regard to parcels of a certain size, rapid mail having been the subject of competitive activity for a very long time, while exchanges which were carried out by letters take place today by digital or telephone communications. However, postal activity is not moving towards the competitive model, in particular because the delivery of mail by the postman contributes to the social bond while the establishment of post offices is an element of regional planning. But the obligation of national public posts, whatever the country, to have a very large number of post offices, to deliver letters daily, to have a stamp rate that only the State sets ( since we are in a pricing system and not a competitive price), puts these companies at risk. Successive reports on various positions have shown that these, by dint of being forced to meet public service obligations, to which the weight of their employees' pensions largely contributes, are threatened with bankruptcy. In France, postal activities are regulated by ARCEP.

Référence générale : Frison-Roche, M.-A., "La justice pénale est passée de l'inquisitoire à l'accusatoire" (By Compliance, Continental Criminal Justice Mechanisms have come from Inquisitorial Procedure to Adversarial System), Interview in French about the impact of the "conventions judiciaire d'intérêt public", the French equivalent of DPI, and Compliance Procedures in French Law, Lettre des juristes d'affaires, n°1416, October 14, 2019. Summary : In this interview and through the three questions asked, the answers show that we have gone from an inquisitorial system to an adversarial system, which is a  sort of Revolution especially in matter of proofw. The French legal system must be adapted, but also or, above all, this conception of Compliance efficiency is a mechanism without a judge. The expression of "deal of justice" is excessive, because precisely if there is a "deal", there is no a "judge" : the prosecutor was not a judge. These mechanisms are also handled by the administrative Independant Bodies of Regulation or Supervision, which act here as "prosecuting authorities", that is to say as prosecutor. They also "deal" the non-appearance of the judge, the opposite of "justice", in a classical conception which is the figure of the judge. It is true that in the case of the "convention judiciaire d'intérêt public" the French Law requires an approval by the judge of the CJIP: it is then that the stake moved. There is a change of culture: the prosecutor is in the center, the Regulator or the Supervisor are the "prosecuting authority" and it is as approval authority that the judge or the administrative Sanctions Committee intervenes. But later. When the essential are the proofs obtained in the first lapse of time. The firm or the person can be evaded by asserting his "right to the judge". This judge who seeks the truth while an authority to pursue wants something else: win. We must understand that.    Read the Interview (in French) and the answers to these three questions:  1. En quoi les mécanismes de justice négociée, relativement récents en France, bouleversent les concepts hexagonaux de l’ordre judiciaire ? /  How the negotiated justice mechanisms, relatively recent in France, upset the hexagonal concepts of the judiciary? 2. Les entreprises ont-elles véritablement le choix d’accepter ces « deals de justice » ? / Do companies really have the choice to accept these "deals of justice"? 3. En matière de lutte contre la corruption, les autorités de poursuite se comportent désormais comme des juges puisqu’ils exigent des engagements pour le futur. Quels sont les risques ? / In the fight against corruption, prosecution authorities now behave like judges since they demand commitments for the future. What are the risks ?

Deontology is classically distinguished from morality, in that morality is the awareness of good and evil specific to each individual, while deontology is the awareness of good behavior determined by a particular group. In this, we bring deontology closer to ethics. Thus, ethics is most often specific to a profession, which then draws up a code of ethics, or an ethical charter, through the care of its professional order, or the result of a code of ethics established by a company. From a normative point of view, ethics belongs to soft law, flexible law, devoid of immediate binding force but expressing a corporate or professional culture and whose non-compliance by the professional or the employee may constitute a fault. In this, deontology is situated between morality and Law and constitutes a privileged tool of self-regulation. As such, it has its advantages and disadvantages. The development of Compliance has further increased the role of ethics and the writing of these charters and various codes by which the operators themselves express their commitments towards some or towards all.

Full reference: Alexandre Neyret, La cybercriminalité boursière. Définition, cas et perspectives (Stock market cybercriminality. Définition, cases and perspectives), Report to l'AMF, 10th of October 2019, 70p. Read the report (in French)

Full reference: Information Note From the European Commission to the Permanent Representatives Committee About the Progress on Combatting Hate Speech Online Through the EU Code of Conduct, Council of the European Union, 27th of September 2019, 7p. Read the note

Generale Reference : Frison-Roche, M.-A., Les solutions offertes par le Droit de la Compliance pour lutter effectivement contre les contrefaçons de masse (The solutions offered by Compliance Law  to fight effectively against mass counterfeiting) , in Seminar of the Association des Praticiens du Droit Droit des Marques et des Modèles (APRAM), La contrefaçon de masse : va-t-on un jour réussi à y mettre un frein ? Quelques nouvelles pistes de réflexion (How to stop the mass Counterfeiting?, some new ideas), Paris, September 27, 2019.  Read the program of the Seminar. (in French) This conference is based on the report given to the French Government and published in July2019 : The contribution of Compliance Law to the Governance of Internet. It is also based on the new contribution to the new edition of the Grands Arrêts de la propriété intellectuelle : "Le maniement de la propriété intellectuelle comme outil de régulation et de compliance"(in French).  This publication is based on this Working Paper : The use of Intellectuel Property as a tool for Regulatory and Compliance Perspectives.      Summary : In this seminar devoted to new ways of reacting to "mass counterfeiting", the idea here is to start from the observation of an increase in the ineffectiveness of intellectual property rights – and thus of the I.P. Law. Law being a practical art, it is not a simple inconvenience, it is a central question. This can be remedied by improving the Ex Post legal process, but we can think of finding Ex Ante mechanisms. The Regulatory Law is Ex Ante, but digital world is not a sector, it is the world itself. A promising direction is therefore Compliance Law, in that it is both Ex Ante and non-sectoral. The contribution shows how Compliance Law is already useful, could be developed and how it could be applied so that these specific rights could be effectively protected in a digital world, where for the moment counterfactors have in fact the means to ignore them.   See the slides. (in French)  

Full Reference : A. Couret, H. Le Nabasque, M.-L. Coquelin, Th. Granier, D. Poracchia, A. Raynouard, D. Robine, Droit financier (Financial Law), coll. Précis Dalloz, 3rd ed., Dalloz, 2019, 1593 p. (book written in French). -

Experience shows that in the digital the legal technique of consent is not protective enough.   If only because a simplest technology neutralizes the link that should exist between the "consent" of the user and the "free will" of the latter: the consent of the user only protects the latter to the extent that this one can in Law and in fact to say "no.     I. THE EXPERIENCE    For example I found on my Facebook New an access to an unknown web site which puts online an article on "the rights of trees" … I go. In accordance with the European Regulation (GDPR) transposed into French legal system, the site informs that there is possibility for the user to accept or refuse the use of their personal data for the benefit of "partners". If they continue reading, the user is supposed to accept everything, but they can click to "customize". I click: there I find two options: "accept everything" or "reject everything". But the "reject all" option is disabled. It is only possible to click on the "accept all" option.   It is also possible, because the law obliges, to consult the list of the partners of this website: I click and find a list of unknown companies, with foreign denominations, which without doubt once will collect my personal data (and those of my contacts) , having their own head office outside the European Union. It is stated in a text, which can not be copied, that these "partners" can use my data without my consent and for purposes that they do not have to inform me. But, again, these things I can "refuse everything". Here again the "reject all" mention exists but the fonctionality is not active, while the mention "accept all" is an active fonctionality.   As I can not refuse (since it's disabled), and as 99% of Internet users have never clicked on the first two buttons, all their data has been fed into the data market that allows the targeting of products that spill out in the digital space, to their detriment and that of their contact. While believing to read a free article on the "right of the trees". At the end, I do not read this article, since I did not click on the only active buttons: "accept everything".   In more than 50% of cases, the "reject all" or "customize" options are only images but are not active. And data absorption is also about contacts. In exchange for a whimsical article about trees and their rights, or creams to be always young, or celebrities who change spouses, or about so-called tests to find what king or queen you should be if the all recognized all your merits, etc. Proposed on the digital news feed by unknown sites; in partnership with foreign companies that you will never reach. And mass-viewed by Internet users who are also told that "consent" is the proven solution for effective protection …. While these are just panels hastily built by new Potemkins …   II. WHAT TO DO ?    1. Not be satisfied with "consent" from the moment that it is a mechanism that may not be the expression of a free will: how could it be if the option "to refuse" is not active?   2. The link between will and consent must therefore be "presumed" only in a simple presumption and in a non-irrefutable way, because we must refuse to live in a dehumanized society, operating on "mechanical consents", to which the digital does not lead necessarily.   3. Entrust by the Compliance Law to the "crucial digital operators" (in the case of Facebook thanks to which these proposals for free reading are made on the thread of news of the Net surfers) the care to verify in Ex Ante the effectiveness of the link between Will and Consent: Here and concretely the possibility for the user to read while refusing the capture of all its data (for the benefit of operators who do not even have the concrete obligation to give the information of the use that will be made of these personal data).   -