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TMC - Technology, Media & Communications

France

Innovation, digital transformation, changing business models: the technology, media and communications sector has been characterised by a single constant in recent years: change. Intellectual property, data protection and security, regulation of operators and management of large quantities of information are therefore vital challenges and are subject to a complex and rapidly changing legal framework, both at the national and European level (law for a new Digital Republic, the creative freedom law, general data protection rules, etc.). While technological advances represent fantastic opportunities for companies, they also present significant risks. In this fast-paced environment, it is now vital to ensure the protection of your company’s interests when establishing information systems. It is also essential to protect the ownership of the intellectual property used and to develop preventive measures to ensure that actions put in place on networks constantly correspond to the applicable legal requirements. The complexity of the challenges requires a pragmatic and multidisciplinary approach to these questions and calls for up-to-the-minute expertise.

Our in-depth understanding of the technological environment combined with our recognised expertise in intellectual property and our perfect command of contract law guarantee the effectiveness of our response to all these questions.

Our team of 10 experts is able to support you in numerous areas: preparation and negotiation of development, licensing and maintenance agreements (particularly in the framework of integration and roll-out of information systems); preparation, negotiation and assistance with the implementation and conclusion of facilities management contracts; preparation and negotiation of website design and creation contracts (merchant and non-merchant sites), hosting contracts, relations with access suppliers; support and monitoring of the legal aspects of projects (participation in steering committees); assistance with the establishment of electronic signature systems (PKI); assistance with the negotiation and conclusion of archiving contracts; database law; personal data protection, compliance audits, representation before the CNIL (the French Data Protection Commission); assistance in drawing up ethical charters, implementation of biometric recognition solutions and implementation of cross-border data flows; advice on the establishment and definition of the role of personal data protection correspondents; assistance in relation to disputes involving contract performance, the defence of intellectual property rights and compliance with the applicable regulations.

Given the changing nature of the applicable regulations, our experts recommend and favour a preventive approach designed to avoid any risk of dispute.

Support from the CMS international network with 100 specialist lawyers allows us to provide you with tailored and effective solutions, whatever the geographical scope of your issues.

"CMS advises several large French groups, as well as multinationals, and many financial institutions. Led by Anne-Laure Villedieu, the team is particularly requested to deal with issues of data protection or connected objects. They also assist clients in the outsourcing of IT projects"Legal 500 Paris 2017

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    22/11/2018
    New re­port | Con­nec­ted Fu­ture: in­vest­ment op­por­tun­it­ies in the rad­ic­ally...
    Tech­no­logy-driv­en trans­form­a­tions are not only dis­rupt­ing our every­day lives, but are also rad­ic­ally trans­form­ing the in­fra­struc­ture sec­tor. On the one hand, in­nov­a­tion is driv­ing an up­grade of ex­ist­ing in­fra­struc­ture, such as di­git­al; on the oth­er hand, it.
    29/10/2018
    With the fu­ture of the US-EU data Pri­vacy Shield in doubt, com­pan­ies...
    The EU Gen­er­al Data Pro­tec­tion Reg­u­la­tion (GDPR), which has been in ef­fect the European mar­ket since 25 May 2018, re­quires com­pan­ies to meet cer­tain stand­ards when trans­fer­ring per­son­al data to non-EU coun­tries or "third coun­tries" (see Art­icle 44 et se­qq.
    17/10/2018
    Chin­a's courts pass con­tro­ver­sial rul­ings on open-source li­cen­cing
    In a re­cent de­cision that could have leg­al im­plic­a­tions on the use of open-source soft­ware in China, the Beijing In­tel­lec­tu­al Prop­erty Court (BIPC) used a con­tro­ver­sial test to de­term­ine wheth­er soft­ware de­veloper YouZi in­fringed on copy­right or simply ex­ploited.
    27/09/2018
    Dutch Gam­ing Au­thor­ity fines on­line bet­ting op­er­at­or EUR 312,500
    The Dutch Gam­ing Au­thor­ity (DGA) has im­posed a fine of EUR 312,500 on on­line bet­ting op­er­at­or Mr Green Ltd (Mr Green), which ex­ploits the web­site www. mr­green. com, for vi­ol­at­ing the Dutch Bet­ting and Gam­ing Act (WOK).
    27/09/2018
    Na­tion­al gambling au­thor­it­ies is­sue a de­clar­a­tion in which they raise...
    On 17 Septem­ber 2018, 17 gambling reg­u­lat­ors is­sued a de­clar­a­tion in which they raised their con­cerns re­lated to the blur­ring lines between gambling and gam­ing. The de­clar­a­tion iden­ti­fies four main areas of con­cern: skin bet­ting, loot boxes, so­cial casino gam­ing.
    13/08/2018
    New EU reg­u­la­tion brings trans­par­ency to on­line in­ter­me­di­ar­ies and...
    In the new draft  set of rules ("Pro­pos­al for a Reg­u­la­tion for fair­ness and trans­par­ency for busi­ness users of on­line in­ter­me­di­ation ser­vices"), the European Com­mis­sion will ob­lige on­line in­ter­me­di­ation ser­vices and search en­gines to ob­serve great­er fair­ness.
    25/07/2018
    Kenzo v Kenzo Es­tate: The CJEU con­siders the ad­miss­ib­il­ity of late...
    In­tro­duc­tion The latest de­cision of the Court of Justice of the European Uni­on ("CJEU”) in the Kenzo case provides use­ful guid­ance on ad­miss­ib­il­ity of late evid­ence in EU trade mark ap­peal pro­ceed­ings and cla­ri­fies the mean­ing of ‘un­fair ad­vant­age’ for well-known.
    16/07/2018
    The mat­ter of Chris Froome
    The Tour de France's de­cision to ad­mit the con­tro­ver­sial rider high­lights the dis­cre­tion­ary power of world sports or­gan­isa­tions like the IOC and ASO In early Ju­ly, the World Anti-Dop­ing Agency (WADA) an­nounced it would not ap­peal the de­cision of the Uni­on Cyc­liste.
    07/06/2018
    In­de­pend­ent re­view of in­teg­rity in ten­nis
    In early 2016, the four or­gan­isa­tions prin­cip­ally re­spons­ible for gov­ern­ing pro­fes­sion­al ten­nis at the in­ter­na­tion­al level, the ATP, the WTA, the ITF and the Grand Slam Board (the "In­ter­na­tion­al Gov­ern­ing Bod­ies") ap­poin­ted an In­de­pend­ent Re­view Pan­el (the.
    17/05/2018
    Ar­ti­fi­cial In­tel­li­gence and Ro­bot­ics: From a La­bour and Tax Per­spect­ive...
    Mod­ern in­form­a­tion tech­no­logy, in­tel­li­gent al­gorithms and pro­duc­tion ro­bots are strongly in­flu­en­cing the work­ing world in the 21st cen­tury. Every­day tasks are already be­ing per­formed by in­tel­li­gent al­gorithms.
    10/07/2017
    GDPR ques­tion­naire: 50 ques­tions to identi­fy if your busi­ness is ready
    The Bav­ari­an Data Pro­tec­tion Au­thor­ity re­leased a GDPR im­ple­ment­a­tion ques­tion­naire 12 months be­fore the GDPR ap­plies to busi­nesses in Europe. On 25 May 2017, 12 months be­fore the Gen­er­al Data Pro­tec­tion Reg­u­la­tion (“GDPR”) ap­plies to busi­nesses through­out.
    26/06/2017
    Al­gorithms and Col­lu­sion – the de­bate by the OECD Com­pet­i­tion Com­mit­tee
    On 16 May 2017, the Sec­ret­ari­at of the OECD made avail­able a back­ground note about “Al­gorithms and Col­lu­sion” that was at the centre of the de­bate by the OECD Com­pet­i­tion Com­mit­tee on 21-23 June 2017.