Newsletter May 2025
✨ ARTIFICIAL INTELLIGENCE ✨
➡️The french Court of Cassation presents its vision of augmented justice
In April 2025, the Court of Cassation published a 159-page strategic report entitled ‘Preparing the Court of Cassation of Tomorrow – The Court of Cassation and Artificial Intelligence’. This major document, the fruit of the work of a multidisciplinary group (judges, lawyers, engineers and researchers), sets out an ambitious roadmap for the integration of artificial intelligence (AI) into the jurisdictional workings of the high court.
🧠 A rigorous methodology and well-defined use cases:
The report is based on a five-criteria analysis grid: legal, ethical, functional, technical and economic. The aim is to objectively assess the relevance of each use case, while respecting the ethical framework specific to the judge’s office.
Five main categories of use have been identified:
- Document structuring and enrichment ;
- Assisted case law research ;
- Analysis of the parties’ submissions;
- Visualisation of litigation trends;
- With the express exclusion of any use for rendering decisions.
AI certainly has its place, but never on the judge’s bench.
🔒 A sovereign, ethical and transparent approach
The report takes a clear line: AI tools should be developed in-house, with a constant concern for technological sovereignty and data control. The Court recommends the creation of :
- a multidisciplinary monitoring committee,
- a transparency register for the algorithms used,
- and an ethical charter dedicated to judicial AI.
AI is seen as a lever for efficiency, but always in compliance with :
- fundamental rights
- the RGPD
- and the European regulation on artificial intelligence (AI Act).
🎯 An ‘augmented’ justice system, but one that is profoundly human
Since 2019, the Court of Cassation has been carrying out a number of structuring pilot projects:
- pseudonymisation of decisions,
- orientation of amplifying briefs,,
- detecting divergences in case law.
The report confirms a long-term vision of augmented justice: better documented, more fluid, but firmly committed to the primacy of the human judge.
Find out more 👉 Download the full report here
➡️ The IA Act’s training mandatory requirement:
Since 2 February 2025, the IA Act has made training mandatory for everyone involved in the use or supervision of artificial intelligence systems. A flagship measure to ensure responsible use of AI in business.
📌 On 13 May 2025, the European Commission clarified the contours of this mandatory requirement via a long-awaited FAQ.
🔍 What you need to remember:
- Who is affected? Employees, subcontractors, service providers or partners involved in an AI system.
- What skills are required? Understanding the purposes, uses, risks and legal mandatory requirements associated with AI. Reading the notice is not enough: concrete actions are required (training, awareness-raising, etc.).
- Free format, but proportionate to the risk, the sector and the role of the people involved.
- No compulsory certification, but real responsibility on the part of the company.
- ⚠️ Even basic use of ChatGPT by an employee requires appropriate training.
🗓️ Please note: there are no direct penalties laid down by the IA ACT for non-compliance with this mandatory requirement.
FIRSH expertise: This mandatory requirement marks a key step towards a controlled and transparent AI culture. It is also a strategic lever for anticipating risks and strengthening compliance.
✨ PERSONAL DATA ✨
➡️The CNIL’s 2024 annual report:
- Sanctions and controls : a significant increase in 2024 with 87 sanctions and more than €55 million in fines handed down. The simplified procedure alone accounted for 69 sanctions, three times more than in 2023.
- Record complaints: The CNIL received 17,772 complaints, mainly relating to telecoms, the web and social networks (49%), followed by commerce (19%) and labour (13%).
- Cybersecurity: 5,629 data breaches were notified (+20%), including around forty that affected more than one million people. A third of the sanctions concerned a breach of the mandatory requirement for security.
- Artificial intelligence: The CNIL is continuing to operationalise its AI plan with the publication of 12 practical information sheets, 9 of which are now definitive, to provide a framework for AI systems that respects fundamental rights. A first Q&A on generative AI has also been published.
- Support & innovation: Launch of an RGPD sandbox on the silver economy, support for mobile applications, development of webinars, practical guides and regional workshops.
- Raising public awareness: 173 actions in the field, including 84 focusing on the protection of minors. Strengthened partnerships with France Télévisions and the french Ministry of Education.
FIRSH insight : 2024 will be a busy year for the CNIL, marked by the increased power of its sanctioning tools, enhanced support for professionals, and heightened vigilance in the face of risky digital uses. FIRSH has developed easy-to-implement tools and practical, educational documentation for its clients’ regulatory compliance projects! Contact us now!
Find out more 👉 Download the full report here
➡️Apple fined €150 million:
On 28 March 2025, Apple was fined €150 million for abuse of a dominant position in connection with the deployment of its App Tracking Transparency (ATT) system on iOS and iPadOS. Under the guise of protecting privacy, Apple’s ATT system imposed excessive constraints on third-party publishers, while favouring its own services.
ATT limited the access of small app publishers to the data needed for ad targeting, widening the gap with vertically integrated digital giants.
By imposing a more restrictive user journey to accept tracking, Apple has departed from the principle of free and informed consent as defined by the GDPR.
This decision, the result of close cooperation with the CNIL, illustrates a strong trend: data protection rules can be used to strengthen a fairer market, without hampering innovation.
✨BUSINESS – CONTRATS ✨
➡️ Termination of commercial relations: the Cour de cassation introduces a novel exception
In a ruling that promises to be widely followed, the Cour de cassation recognises for the first time the existence of “special circumstances” allowing the perpetrator of a termination of an established commercial relationship not to maintain the previous conditions throughout the notice period. This is a significant turning point in the case law on the treatment of abrupt termination!
The facts: Decathlon terminated a 23-year partnership with Sport Elec, with an exceptionally long notice period of 35 months. But orders fell: €800,000 in 2017, then €600,000 in 2018, €500,000 in 2019 and €200,000 in 2020. Sport Elec sued for unfair dismissal, arguing that the original terms should have been maintained throughout the notice period.
✅ The Court upholds an exception to the principle of maintaining previous terms and conditions
– Principle: The notice period must be effective, i.e. it must allow the previous terms and conditions to be maintained for a minimum period that takes account of custom and the relationship.
– Exception: In the event of “special circumstances”, previous terms and conditions do not have to be maintained for the entire notice period. Here: the exceptional period of 35 months.
The Court found that the notice period was sufficient for one year, that this year had seen a decrease that was not considered substantial, and that the following two years could therefore legitimately have seen a decrease in the number of employees.
Read the full judgment 👉 Cass. com., March 19th 2025, n° 23-23.507
✨PUBLIC LIBERTIES AND BUSINESS LAW ✨
➡️Freedom of expression & advertising boycott: the Cour de cassation draws the line
In an important decision, the criminal chamber of the Cour de cassation has upheld a dismissal of the case in favour of the Sleeping Giants collective, following their public call for an advertising boycott targeting the ‘Face à l’info’ programme on CNews.
💬 Call for boycott ≠ criminal violation
According to the Court, the activist action formed part of a debate of general interest and fell within the scope of the freedom of expression protected by article 10 of the ECHR. It therefore did not constitute discrimination on grounds of political opinion, or a criminally reprehensible interference with the channel’s economic activity.
⚖️ A subtle trade-off between challenge and responsibility
This ruling confirms that :
- A call for a boycott is not in itself illegal, unless it is accompanied by unfair manoeuvres or undue pressure;
- Freedom of expression is not absolute, but any restriction must be necessary and proportionate;
- Targeted companies have remedies (unfair competition, defamation, economic hindrance) to be used with caution.
🧭 A compass for professionals
This decision reminds economic players that they must act with discernment when faced with boycott campaigns. Recourse to criminal law is not always appropriate: legal analysis of the defence strategy is essential to avoid counter-productive actions.
Read the full judgment 👉 Cass. crim., February 4th 2025, n° 22-85.117
✨ INTELLECTUAL PROPERTY ✨
The Paris Judicial Court ruled in favour of the company holding the well-known ROLEX trademark, finding that the actions of artist Johann Perathoner exceeded the bounds of artistic freedom and constituted acts of trademark infringement and free-riding.
The facts at issue were as follows: the artist had, without authorisation and for commercial purposes, used Rolex’s marks — including in a promotional video clip and on social media — and applied the name “Yacht-Master” to certain products, with the clear intention of benefiting from their reputation.
In his defence, the artist challenged Rolex’s monopoly over the use of its marks and invoked his freedom of artistic expression. He argued that his work was part of the pop art movement, which often incorporates brand imagery. He further disputed the reputed status of Rolex’s marks, claiming that their influence was indistinct from the products they designated.
He maintained that his use of the trademarks was part of a purely artistic approach — particularly on social media and in his promotional clip — and not a commercial exploitation aimed at product identification. Therefore, he contended that Rolex could not claim infringement, especially in the absence of any demonstrated financial gain or consumer influence stemming from the brand’s reputation.
➡️ In its judgment of 2 April 2025 (3rd Chamber, 3rd Section, Case No. 23/04114), the Paris Judicial Court found Johann Perathoner liable for infringing Rolex’s trademarks and for unlawful parasitic conduct.
The court acknowledged that the artist had used Rolex’s trademarks without authorisation for promotional purposes, including via social media and a commercial video. It held that this use unlawfully exploited Rolex’s reputation and fell outside the legitimate scope of artistic expression.
Regarding trademark infringement, the court highlighted that the marks were used for self-promotion, with the artist leveraging their reputation to enhance the perceived value of his work. The presence of distinctive signs — notably the iconic crown logo — in a commercial video and across social platforms led the public, especially luxury watch enthusiasts, to associate the signs with Rolex and to assume a commercial connection. A likelihood of confusion was established.
On the issue of free-riding, the court relied on several key elements to establish liability:
- Exploitation of Rolex’s reputation: The artist incorporated Rolex’s marks and distinctive elements (name, logo, model names such as “Yacht-Master”) into his works and promotional materials, thereby benefiting from the prestige of the brand without permission.
- Dissemination for promotional purposes: His creations were widely circulated via social media, his website, and a promotional clip — further reinforcing the association with Rolex.
- Impact on Rolex’s image and economic value: The court found that such use could impair the brand’s image and value, creating public confusion and suggesting an endorsement or commercial collaboration between the artist and Rolex.
- Insufficient artistic justification: Although Johann Perathoner invoked artistic freedom and the pop art movement, the court ruled that his use of the marks went beyond artistic commentary and amounted to unauthorised commercial exploitation.
🧾 In summary, the court held that the artist unlawfully benefited from the prestige and investment made by Rolex, thereby committing an act of parasitism.
FIRSH insight : This case highlights the tension and boundaries between freedom of artistic expression and the protection of well-known trademarks. It raises the question: how far can an artist go in using famous brands without infringing on their rights? The decision is well-reasoned and helps draw a clearer line — a guide for artists working with iconic brands.
In short: when facing household-name trademarks, proceed with caution. Their owners are not only entitled, but obliged, to take legal action to defend the integrity of their brand.
Read the full judgment 👉 Tribunal Judiciaire de Paris, 3ème chambre, 3ème section, RG 23/04114.
| ✨ECOSYSTEME FIRSH – TECH✨
➡️[SISTA x AWS x BNP Paribas] Launch the First European Cohort of Women Entrepreneurs in AI! Are you a woman founder or co-founder of an AI-driven startup looking to scale up your growth? This programme is tailor-made for you: strategic mentoring, technical expertise, VC coaching, and fundraising preparation.
Eligibility Criteria: ✅ Startup in seed or series A phase ✅ Strong traction ✅ Minimum 30 % of capital held by a woman ✅ AI at the heart of the solution or competitive advantage 📅 Key Dates: – Applications open until 17 June 2025 – Jury selection: 10 July – Kick-off: 16 September 2025 – Demo Day in Paris: 6 March 2026
💡 The programme covers:
👥 Jury members include: Tatiana Jama (SISTA), Cédric O (Mistral AI), Fariha Shah (Cominty.ai), Cathy Robin (BNP), Emmanuel Schmitt (AWS)… and more.
To apply 👉📥 Application Form More info 👉 🔗 Call for Projects & Details
➡️Cartier Women’s Initiative 2026
📅 Applications open until 24 June 2025, 2:00 PM (CEST) 🕑
2026 Award Categories: · Regional Awards – For impact entrepreneurs from around the world · Science & Technology Pioneer Award – For cutting-edge tech-based projects
What’s in it for you? – Personalised strategic support – Mentoring by international experts – A financial prize – Global visibility through a prestigious network
To apply 👉📥 Application Form More info 👉 🔗 Call for Projets & Details |
✨ NEWS ‘ FIRSH ✨
🏃 FIRSH took part in the first edition of the #TECHRUNNINGCLUB, an initiative launched by MP @Paul MIDY on Wednesday 14 May, where many #FrenchTech players got together for a running session on the Quais de Seine!
🇬🇧 FIRSH also took part in the annual European Fashion and Luxury Law Conference organised by the IBA, which was held on 15 and 15 May in London.
➡️ FIRSH has recently advised its clients on the following matters:
- Negotiation of a commercial lease for a luxury brand
- Drafting pleadings in copyright infringement litigation
- Pleading before the Toulouse Court of Appeal in connection with the liquidation of actions for infringing products that had not been recalled
- RGPD compliance audit for a company specialising in outsourced HR services
- Drafting of formal notice letters for infringement and unfair competition for a well-known brand
- IP audit as part of the acquisition of a company that had developed a healthcare AI tool
➡️ As part of its innovation laboratory, FIRSH has published its first White Paper! This marks the official launch of FIRSH LAB, which is publishing its first study on a high-stakes social issue: deepfakes (hypertrucages generated by artificial intelligence). Addressing one of the major issues facing society in the future, this White Paper required more than 6 months of in-depth work and an in-depth study of the technical, sociological, economic and legal aspects of deepfakes, involving numerous French and international experts in artificial intelligence. The legal thinking that emerges is based on a detailed analysis of legislation, legal doctrine and court rulings. The White Paper provides legal and practical recommendations for public authorities, businesses and anyone interested in the subject.
Please contact us at the following e-mail address to receive a copy of the White Paper 👉 contact@FIRSH.LAW
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