Where documents are in computerised form, authorised agents have access to software and stored data as well as to the unencrypted reproduction of information likely to facilitate the performance of their duties. They may request that the information be transcribed by any appropriate process into documents that can be directly used for the purposes of the inspection.
When they observe an infringement, the authorised officers may take a sample of the goods or a copy thereof to be used as evidence. A report will be drawn up when a sample is taken.
When investigating or ascertaining an offence or breach, authorised officers may note the identity of the person they are checking.If the person refuses or is unable to prove his identity, they shall immediately report this to any territorially competent judicial police officer, who may then carry out an identity check under the conditions provided for in Article 78-3 of the Code of Criminal Procedure. In this case, the time limit…
Authorised agents may access any document required to carry out their duties at public administrations, establishments and bodies placed under the control of the State and local authorities, as well as at companies or services conceded by the State, regions, départements and communes.
For the purposes of investigating and establishing misleading commercial practices, the authorised agents may require the party responsible for the practice to make available to them or to provide them with all information likely to substantiate the claims, indications or presentations, including when such information is held by a manufacturer established outside national territory. They may also require the advertiser, the advertising agency or the person responsible for the medium…
To monitor the sale of goods and the provision of services over the internet, authorised agents may use an assumed identity.The conditions under which they carry out their findings are specified by decree in the Conseil d’Etat.
Authorised agents may call on the services of any qualified person appointed by the administrative authority to which they report.This person may accompany them during their inspections. This person may accompany them during their inspections and may examine any document or item required for the performance of their duties or their expert appraisal.They may not carry out any criminal procedure or administrative police act.They may not use the information they…
The provisions of Article 11 of the Code of Criminal Procedure or those relating to professional secrecy do not prevent the communication, to the competent authorities of the Member States of the European Union and to the European Commission, of information and documents held and collected by competition officers, Consumer Affairs and Fraud Control officials in the performance of their duties of investigating and establishing infringements and breaches of the…
The authorised officials may cooperate, in the performance of their duties, with the competent authorities of the member countries of the Organisation for Economic Cooperation and Development (OECD), with a view to preventing or stopping illicit cross-border commercial practices.This cooperation consists of establishing contacts, exchanging information not covered by the provisions of Article 11 of the Code of Criminal Procedure or those relating to professional secrecy, and in the referral…
The authorised agents and the officers and agents of the judicial police may spontaneously communicate to each other the information and documents held or collected in the performance of their respective missions, without the provisions of Article 11 of the Code of Criminal Procedure or those relating to professional secrecy being an obstacle to such communication. These information and documents may be communicated, for the performance of their respective duties…
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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