Céline Bracq

Paris Europlace Crypto-Assets Working Group, chaired by Hubert de Vauplane, welcomes #ESMA consultations on reverse solicitation and on the qualification of #crypto-assets as financial instruments. We appreciate ESMA's approach in determining a broad concept of solicitation, as well as the means and persons involved in which a third-party firm could solicit EU clients, to protect investors and #MiCA-compliant crypto-asset service providers. This approach will help avoid differences in interpretation, ensuring a fair level of #competition between EU crypto-asset market participants. Regarding influencers -a concept that has no definition in European law-, such a concept could lead to large divergences of interpretation between Member States and run counter to the principle of predictability of law. Conversely, the use of general clauses or online pop-up “I agree” boxes, whereby clients state that any transaction is executed on the exclusive initiative of the client, is deemed to be reverse solicitation. Concerning the qualification of crypto-assets as financial instruments, regulation should offer an appropriate degree of legal #protection and facilitate the distinction between crypto-assets within the scope of MiCA and crypto-assets assimilated to financial instruments. Opting for a holistic approach is key, enabling Member States to move forward in an harmonised way on the assimilation of crypto-assets to financial instruments, without the criteria set in place being too strict to rapidly risk becoming obsolete. We thus fully support the technologically neutral approach proposed by ESMA. Given the diversity of the list of securities implemented in jurisdictions and to avoid regulatory shopping within the EU, a Q&A should be produced by ESMA to list examples, for each Member State, for which some crypto-assets could be reclassified as financial instruments under national law. This Q&A could be updated and provide the EU crypto-asset market with global visibility on the qualification risk with a goal of harmonisation within the EU. This Q&A could also serve as a regulatory monitoring tool for the legal status of crypto-assets and help ESMA identify any lack of harmonization. All in all, crypto-assets should be subject to the exact same rules as other traditional financial instruments in line with the principle of technological neutrality. A substance over form approach needs to be adopted to determine if a crypto-asset is qualified as a financial instrument.  Many thanks to all contributors, especially Hubert de Vauplane Philippe Goutay Emilien Bernard-Alzias Myriam Dana -Thomä Matthieu Lucchesi Frederick Lacroix Hugo Bordet Please read the document here: https://lnkd.in/eDMrNWNb European Securities and Markets Authority (ESMA) Autorité des marchés financiers (AMF) – France

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Traffic from Facebook to established media outlets has dropped dramatically in recent years, which is such a shame for people who like quality news and a huge blow to the business of media companies - the opportunity to spread links to media content on the platform was free advertising for the media. However, this development has not been surprising: Many media outlets claim that link-sharing is a violation of copyright and demand payment for it. Now, the same risk is looming with Google: The media are actively creating an incentive for the platform NOT to share links to their content. At the same time, we hear disgruntled voices from these same media, demanding that Google MUST display their content. It doesn’t make sense. ‘You are evil if you don’t pay to display our links, and you are evil if you don’t display our links’.

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Five new episodes of the AFP podcast here including one with my views on India’s climate paradox: New Delhi’s struggle balancing its immediate politics, economic ground realities, and the tough policy decisions it can’t defer for too long.

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https://lnkd.in/e4Xf-eRP 🔵🔴 Hezbollah: Images that overwhelm UNIFIL @LCI - 🔵🔴 Hezbollah : Les images qui accablent la FINUL @LCI -

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👉 want to know more about the Corporate Sustainability Due Diligence Directive (CS3D) , GUBERNA - Instituut voor Bestuurders/Institut des Administrateurs can walk you through

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Here is one of our AI-translated videos

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Publication

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Like all the previous years of climax in prior Decades of Global Renewals, 2025 is another one. However, it is not useful for tyrants to intensify the affect of the climax by manufacturing unnatural climax. If it produces undue dislocation and harm, the climax is manufactured. https://lnkd.in/er5_cP-r

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🇫🇷 The growth of France’s online black market is truly alarming, particularly as it now has more French players than the country's regulated market and is one of the Europe’s biggest black markets.    Regulating online casino games is not only the solution but a necessity to address the worrying size of the black market.    Except for Cyprus, France is the only other European country which prohibits online casino, a ban which is leaving about 4 million French players exposed to unregulated and potentially harmful websites without any legal protections.    By regulating online casino, France can better protect these players, regain control over its gambling market, and mitigate the risks associated with the black market.    It's time for the French authorities to act: lift the current ban and introduce a fair, open, and fully regulated licensing framework for online casino which safeguards both players and France’s policy objectives. - Maarten Haijer, Secretary General.

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📢 Today, the world's attention once again turns to Italian leadership, but not for the reasons we'd hope. Italian journalists from RAI, the state-run media, have taken a bold stand against what they describe as an increasingly repressive environment for media under the Fratelli d’Italia government. 🚫 This 24-hour strike highlights the growing concerns over threats to press freedom and expression in Italy. From criminal investigations targeting journalists to suspected instances of censorship, the alarm bells are ringing loud and clear. 🌍 These actions come in the wake of Italy's alarming drop in the Reporters Without Borders press freedom index. Plunging five places to No. 46 out of 180, Italy now shares the "problematic" category with EU counterparts Poland and Hungary. 😔 It's disheartening to witness a democratic nation forfeit its fundamental rights. Let's not forget: Criminalizing criticism against public officials violates the bedrock of freedom of expression, as safeguarded by Article 10 of the European Convention on Human Rights (ECHR). In a world where the media serves as a watchdog for democracy, preserving freedom of speech isn't just an option; it's imperative. #PressFreedom #FreedomOfSpeech #Italy 🇮🇹📰 https://lnkd.in/deKgKeuE

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Amidst global uncertainty, the EU faces a productivity crisis. As Mario Draghi highlighted, US productivity is now 20% higher than the EU's, and our share of global GDP is shrinking. 📉 The new EU mandate has a crucial task: revitalize Europe's competitiveness. One promising path is AI-driven innovation. AI could add €1.2 trillion to our economy and bring widespread benefits, but we need to adapt. 💡 Let's not miss out on this opportunity. The EU has the potential to be a global leader in AI, driving competitiveness and creating a brighter future for all Europeans. 🚀 Read more about Google's approach to rebuild competitiveness in Europe, alongside innovation with AI in the op ed by Matt Brittin published in L'Echo.

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#PlasticsTreaty update after day 5: lots of statements, not much of negotiations happening. And only two days to go here in Busan, which may not be the terminus of that journey after all. More on the latest developments, or the lack of it in Contexte ⤵️ 💰 PS: we also published a piece earlier today on the whole financing debate, which is one of the most contentious. For read here: (https://lnkd.in/ee9qSd46) https://lnkd.in/ePmi5Ewa

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The assessment of the European Parliament's current legislative term delivered this week by the excellent team of Contexte offers some very interesting insights. My three key take-aways from the talk with Contexte reporters: ➡ in the current term, the role of the #Parliament was rather less important than during the previous term of office. Although significant texts such as the Digital Services Act (#DSA) and the Digital Markets Act (#DMA) were approved by Parliament, the member states took the lead in the wake of successive crises (#COVID-19, war in #Ukraine followed by the energy shock). Using Article 122 of the Treaty on the Functioning of the European Union (#TFEU), decision-making was controlled by the Council of the European Union, with the European Parliament completely absent or only informed. This development raises a number of concerns and some reflection about future treaty revision ➡ Upstream work in Committees is no longer a guarantee that the text will be adopted at the plenary session (as seen with the votes on the green deal for example), and greater preparation of the European lawmakers may be needed in the future. In the end there were more consensus against texts than in favor of new legislation. ➡ The influence of the French lawmakers within the next European Parliament is likely to decrease: ✔ even if the Rassemblement National (Off) gains more seats since their Identity and democracy (ID) parliamentary group has little influence within the Parliament it will not increase their weight ✔ if the ALDE Group (Alliance of Liberals and Democrats) is less strong the influence of the Renaissance lawmakers from France will therefore be also less important ✔ if the French Les Ecologistes - EELV or @les Républicains party fall under the 5 percent threshold they would not send any representatives to the EP and as a result The Greens/EFA in the European Parliament and EPP Group in the European Parliament would not include any lawmaker from France ✔ the weight of the French within the biggest parliament group, #EPP, would anyway remain low (8 MP´s ) especially compared to the influence of the German lawmakers of the CDU Deutschlands (30 MP´s)   Jean-Sébastien Lefebvre Sophie Dupuy Pierre DUQUESNE Yann Guégan Contexte #EuropeanParliament #europeanelections

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Instructif !

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Wider comments on AI and sport wearables: new stakes for our digital health? The boundary between personal and sensitive data, particularly medical data, is now permeable, even if the tool used is not registered as such. The Digital identity is defined as the log of all of our digital traces and our digital representations; wearables might become the Trojan horses that will threaten our digital identity. By integrating AI, location, financial and activity data, the sport wearable is now part of a connected self and goes beyond the strict measurement of a physical exercise. In addition to the questions of the ownership of these data, there are the issues of access and use. The generalisation of wearables and the use of data, produced within a social perspective ("challenge your friends" in the social media) or for professional purposes (doctor, sports agent, insurer ...), increase dramatically the number of actors, who are associated with these data, the metadata and their cross-references. Sport is a real-life laboratory for experimenting and analysing our digital life: the combination of AI and wearable data in sport highlights the legal challenges of data ownership in general, and the protection of privacy as a whole. Apart from the individuals, who has the right to control, process or access the data produced? Is it the coach, the club, the league, the event organizer, the technology company providing the hardware or software, the broadcaster, Facebook...? By extension, what are the obligations of those who come into contact with these data? Let's take the example of BodyConnect and impact-measurement features, in the context of an injury resulting from a collision between several players, who would have the right to access, store, transmit or even protect the data initially captured by the t-shirt? Beyond their commercial perspectives, wearables represent a challenge for governments, which have to ensure that the personal data collection and processing remain within a clear, understandable and ethical framework. Even an Apple's advertising campaign[2] is a reminder of the threats to digital identity. Behind the humorous and extravagant situations depicted in these clips, we must be sensitive to the moto "Some things should not be shared". Regarding sport wearables, let's ensure the improvement of our physical hygiene does not come at the expense of our digital hygiene. [1]  (Databrigde Market Research, January 2019) [2] https://lnkd.in/garWTF5i

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🗣️ [#𝗔𝗜 𝗥𝗼𝘂𝗻𝗱 𝗧𝗮𝗯𝗹𝗲] Yesterday, I was invited to speak at a round table on 𝙏𝙝𝙚 𝘾𝙝𝙖𝙡𝙡𝙚𝙣𝙜𝙚𝙨 𝙤𝙛 𝘼𝙄 𝙞𝙣 𝙩𝙝𝙚 𝙁𝙞𝙡𝙢 𝙄𝙣𝙙𝙪𝙨𝙩𝙧𝙮 with Nicolas Obin, research scientist in speach at IRCAM and Damien Boisseau, actor and Pascal FERRY, as moderator. Even if part of the discussion concerned AI in the movie audio/voice sector, our exchanges also highlighted: - AI is a powerful tool which allows to gain time, efficiency on a number of tasks and enhances post production work in particular visual effects, translation, lip sync and dubbing / voice over work - #GenerativeAIs used in the #FilmIndustry raise legal and ethical questions regarding the #TDMException (opt-out), #DataPrivacy, use of #DigitalReplicas, #DeepFakes and #Authentication etc. - Maintaining #HumanCreativity and diversity in terms of content in the film industry will require efforts worldwide from governments, public agencies, unions, associations, privacy authorities and viewers to adopt a mosaique of protective measures. The French report issued on The impact of AI in the movie, audiovisual and gaming industries by the Centre national du cinéma et de l'image animée (CNC) (French government agency which plays a central role in funding, promoting, and preserving French cinema and audiovisual production) stresses the impact on employment but avoids giving any figures... https://lnkd.in/ee-whbzS

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