A decision of the French Supreme Administrative Court (Conseil d’Etat) dated 24 February 2015 has significantly broadened the scope of the French ‘Sunshine Act’:

  • Whereas initially health care companies were only obliged to disclose the existence of agreements with health care professionals (HCPs), they will now also be required to disclose the remuneration of French HCPs.
  • Companies which manufacture or market non-corrective contact lenses, cosmetic and tattoo products will have their transparency reporting duties aligned with the ones applicable to health care companies.

Further developments from the French authorities on this matter will need to be closely monitored, since they will probably bring significant changes to reporting requirements. In particular, the date of application of this new interpretation is key, since it could have a major impact on disclosure requirements for the remuneration of French HCPs.

Read more on this matter in our client alert.