Doing Business In (Insert Country Name Here) - BNA

Statutory representatives work according to their employers’ instructions and are
protected by labor law, but they have a special right to indemnification if unjustly
terminated. This indemnity is based on the size and importance of the clientele they
create.
Non-statutory Salaried Representatives:
Representatives who are subordinate to their employers and who do not fulfill the
requisites for statutory representative status fall into a separate category and are
considered regular employees.
Finding a Partner
The Department of Commerce's International Trade Administration offers several
services to help the would-be exporter identify potential foreign representatives. The
three primary services available from the Commercial Service in France are the Gold
Key Service, the International Partner Search (IPS) and Industry Targeted Mailings. To
request any one of these services and to learn about other services, firms should contact
the nearest U.S. Department of Commerce District Office. The number can be found in
the US government pages of your telephone directory, or you may call 1-800-USA-
TRADE. Additional details about services provided in France, please check the U.S.
Department of Commerce local Website: [http://www.buyusa.gov/france/en]
Data Privacy Return to top
The EU’s general data protection Directive (95/46/EC) spells out strict rules concerning
the processing of personal data. Businesses must tell consumers that they are collecting
data, what they intend to use it for, and to whom it will be disclosed. Data subjects must
be given the opportunity to object to the processing of their personal details and to optout
of having them used for direct marketing purposes. This opt-out should be available
at the time of collection and at any point thereafter. This general legislation is
supplemented by specific rules set out in the "Directive on the processing of personal
data and the protection of privacy in the electronic communications sector"
(2002/58/EC). This requires companies to secure the prior consent of consumers before
sending them marketing emails. The only exception to this opt-in provision is if the
marketer has already obtained the intended recipient’s contact details in the context of a
previous sale and wishes to send them information on similar products and services.
Key Link: [http://ec.europa.eu/justice_home/fsj/privacy/index_en.htm]
Transferring Customer Data to Countries Outside the EU
The EU's general data protection Directive provides for the free flow of personal data
within the EU but also for its protection when it leaves the region’s borders. Personal
data can only be transferred outside the EU if adequate protection is provided for it or if
the unambiguous consent of the data subject is secured. The European Commission
has decided that a handful of countries have regulatory frameworks in place that
guarantee the adequate protection of data transferred to them – the United States is not
one of these.
2/15/2008 Country Commercial Guide for France 9
INTERNATIONAL COPYRIGHT, U.S. & FOREIGN COMMERCIAL SERVICE AND U.S. DEPARTMENT OF STATE,
© 2007. ALL RIGHTS RESERVED OUTSIDE OF THE UNITED STATES.