IT & Data Protection

In the face of constant technological developments and the considerable volume of French and European regulations, our seasoned team dedicated to new technologies has extensive knowledge of the current and upcoming challenges affecting the protection of a business’s intangible assets.

Our dedicated team draws on its extensive expertise in contract law, intellectual property law, dispute resolution and cybersecurity to assist its clients with their digital transformation projects and with the development of new business opportunities.

Our lawyers work with officers and legal departments in a pragmatic and cross-disciplinary way to ensure the optimal deployment of digital projects in France and abroad.

We assist you throughout the processes of developing and implementing your digital projects, particularly in the areas of Artificial Intelligence, Big Data, Cloud, Robotics, IoT and Blockchain, and in all sectors including gaming, fintech, e-health, retail and smart cities.

We help our clients to make their IT projects contractually secure at national and international level, whether in terms of software development, hosting of data and sites in the Cloud, SaaS, IaaS, subcontracting, computer maintenance or offshoring.

We advise our clients on the relevant contractual architecture and provide them assistance to negotiate clauses relating to the obligations of service providers, the protection of personal data, the transfer of copyright, editorial liability and termination procedures.

The General Data Protection Regulation (GDPR) has caused major disruption to businesses. We have put a dedicated team of experts in place to help our clients comply with the new rules. Depending on your requirements, we can:

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• Carry out internal/processor compliance audits
• Carry out impact studies using the PIA tool
• Design compliance programs
• Advise you on the protective measures to be taken
• Draft internal processes and charters
• Draft data protection and cookie policies
• Help you establish a “privacy by design” policy
• Supervise data transfers to countries not covered by the GDPR
• Organize the consultation of staff representative bodies when setting up data processing tools
• Manage relationships with the CNIL and assist you with any inspections
• Support you in the appointment of Data Protection Officers and the arrangement of their training
• Oversee the remit of the DPO and data protection correspondent 
• Provide training sessions

Our experts can assist you with the following:

• Auditing of legal risks and IP
• Project management assistance
• Advice on securing databases
• Advice on the use of data
• Patent applications
• Definition of responsible officers
• Drafting of agreements (assignment, licenses, data exchanges, etc.)
• Open Data problems
• Open public data

Our experts can assist you with the following:

• Project feasibility studies
• Identifying data owners
• Preparation of project agreements
• Project management assistance
• Ethics charters
• Compliance audits and programs
• Relations with the CNIL
• Advice on international data flows

The Internet of Things is now used in many areas, to monitor deliveries, to manage maintenance, to gather information, etc. However, these new developments raise many legal issues that require special attention. Our experts can provide you with a range of services to ensure that the IoT is used securely:

• Project feasibility studies
• Impact studies
• Compliance programs
• Project agreements
• Ethics charters
• Assessment of the cybersecurity measures in place
• Management of data collection
• Patent applications

Our experts advise our clients on all aspects of creation and management of websites, mobile applications, software, algorithms and artificial intelligence tools:

• • Audits of sites/applications/software and related copyright agreements
  • Domain names/descriptions (availability, negotiation of assignments or licenses, applications)
  • Drafting of development agreements
  • Drafting of copyright assignment agreements
  • Drafting of license agreements
  • Securing the ownership of creations by employees/trainees/freelancers
  • Drafting of legal notices, personal data protection and cookie policies
  • Advertising spaces and tax aspects

We help our clients digitize their activities with a range of services:

• • Auditing of sites
  • Preparation of the legal model (in the case of intermediation platforms)
  • Drafting of tool development agreements
  • Drafting of partnership agreements
  • Preparation of the user browsing path
  • Integration of artificial intelligence systems
  • Validity of electronic signatures and digitized agreements
  • Dealing with issues associated with mobile payments and contactless cards
  • General Conditions of Sale, Use or Services, legal notices (tailor-made for the country and the business)
  • Compliance of payment methods with the banking regulations
  • Securing means of payment
  • Mediation

Electronic tools have a key role to play in the day-to-day life of businesses because digitization now affects areas as diverse as invoicing, archiving, signatures and agreements, registered letters, pay slips, means of identification, etc. The use of such documents, which have the force of evidence, must be carefully regulated from a legal point of view. We can give you the benefit of our expertise in:

• auditing processes
• developing your policy relating to archiving, signatures, agreements and timestamps
• putting Blockchain tools in place to secure evidence
• the evidence gathering process.

The number of cyberattacks, intrusions, computer frauds and other cybercrimes is constantly increasing. These attacks pose major risks to the continuity of companies’ businesses, reputation and finances. We have put together a top team of experts to provide our clients with a level of service capable of dealing with these challenges:

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• Auditing internal risks
• Auditing the risks associated with service providers
• Obtaining certifications
• Prioritizing the protection of strategic information
• Setting up a security program
• Service agreements with suppliers of early warning, instant protection, cryptography and intrusion simulation tools
• Advice on establishing a record of cyber-incidents
• Setting up the process for notifying incidents to the authorities
• Employee awareness programs (particularly relating to economic intelligence)
• Ensuring the security of telecommuting

Our team covers all kinds of disputes relating to IT and personal data before national and European courts. We can assist at all the potential stages of disputes, from auditing the legal risks, mediation and pre-contentious matters, to the preparation of experts’ reports, court bailiffs’ factual records and of course, representation in court.