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Biography

Marie-Pierre Fenoll-Trousseau is Professor in Law at ESCP Europe. She is co-ordinator of the Department of Economics, Law and Social Sciences (SJES) at the Paris campus. She holds a Doctorate in Private Law and a Post-Doctoral Qualification for the Supervision of Research in Law. She has worked as an adviser to various organisations and, since 2000, has been with the law firm Haas Avocats where she is managing the research and Développement department. In parallel with these activities, she has been a theatre director.

As a Professor in Law at ESCP Europe since 1990, Marie-Pierre Fenoll-Trousseau has worked in the field of commercial law, more particularly in the law of intellectual property. She directs several programmes dealing with the management of the arts, in particular the Specialized Master in Management for the Publishing Industry and Specialized Master in Management of Cultural Activities (respectively in partnership with ASFORED/SNE and the Ca’ Foscari University of Venice). She is also involved in the training of auctioneers (in partnership with the Ecole du Louvre).
Her publications cover a range of topics from privacy law and the protection of personal information to copyright law.

Current research

"Electronic communications and privacy" and "Use of information on the Internet"
Work in Progress:
Update of materials published in Jurisclasseur encyclopedia on Communication, fascicules 4735 and 4736.

Legislation on cyber-surveillance in a business-setting
Work in Progress :
Privacy at work: the new issues concerning cyber-surveillance
How does one find a balance between the protection of employees at work and the need of the employer to exercise a degree of executive control (over employees)? At a time when some decisions seem to indicate a relaxation in rule in the Nikon case law,[1] it is important to re-evaluate the applicable rule
The justification of the control exercised by the employer occurs within the framework of the legitimate exercise of his executive powers.  The starting point for the protection of the employee’s workplace rights is found in legislation.
Sophisticated legislation concerning surveillance allows the productivity of any given person who uses a machine (telephone or computer) to be calculated precisely and at a distance. It is thus possible to detect the slightest pause in the activity of any person. On the basis of this, employers can take measures which may have unpleasant consequences for the employees involved (dismissal or modification of job). It is thus possible to control the use of telephones as well as film activities at work and thereby assess the productivity of employees. New methods of control linked to technological changes have come about in the workplace, such as access to personal emails or the hard disk of employees’ computers, as well as biometrics and the physical localisation of the person.
Within this context, numerous questions arise regarding the relationship between companies and their employees. So that a calm environment may be maintained, it is important to apply a number of rules so as to ensure that a satisfactory balance is established.

Companies and Lebanese Law
Work in progress:
Publication is being drafted with Professor Francois Lenglart of HEC, which will be published in the Lebanon and in France.

^[1] Cass. Soc. 2 octobre 2001 n°99-42 942, Nikon c/ Frédéric O, Dr.soc. 2001, p. 915 note J.-E. Ray 

Publications