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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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    Maxime Hanriot
    Data Law Nav­ig­at­or | France
    In­form­a­tion on Data Pro­tec­tion and Cy­ber Se­cur­ity laws...
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    16/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Data Pro­tec­tion The European Gen­er­al Data Pro­tec­tion Reg­u­la­tion raises at least two is­sues in par­tic­u­lar in this con­text. First: is pseud­onym­ous in­form­a­tion per­son­al data? Second: how can a “right to be for­got­ten” be con­sist­ent with an im­mut­able ledger? Oth­er.
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    09/07/2019
    New Dir­ect­ives reg­u­lat­ing sales to European con­sumers
    As part of the European Com­mis­sion’s Di­git­al Single Mar­ket Strategy, the European Uni­on has re­cently ad­op­ted two Dir­ect­ives which will ap­ply from 1 Janu­ary 2022. The Sale of Goods Dir­ect­ive relates to the sale of goods to con­sumers and the Di­git­al Con­tent Dir­ect­ive.
    09/07/2019
    One year after GDPR's launch: the scope of su­per­vi­sion re­mains murky
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    08/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Jur­is­dic­tion­al is­sues Many com­ment­at­ors note that true de­cent­ral­isa­tion im­plies that en­force­ment of ob­lig­a­tions must be ef­fected through the sys­tem. A per­mis­sioned sys­tem may in­clude con­ven­tion­al gov­ern­ing law and jur­is­dic­tion pro­vi­sions with­in a con­trac­tu­al.
    03/07/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Leg­al Per­son­al­ity De­term­in­ing wheth­er a sys­tem has leg­al per­son­al­ity has im­plic­a­tions for many of the ques­tions con­sidered in re­la­tion to this top­ic. In 'Ho­ri­zon Scan­ning — Block­chain: The Leg­al Im­plic­a­tions of Dis­trib­uted Sys­tem­s', the Law So­ci­ety ques­tions.
    26/06/2019
    EU Reg­u­la­tion on on­line plat­forms ap­proved
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    19/06/2019
    An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
    Block­chain and oth­er dis­trib­uted ledger tech­no­lo­gies (DLT) are ap­proach­ing the main­stream. Tech­no­logy com­pan­ies of­fer products for com­mer­cial pro­jects. IB­M's Block­chain Plat­form ref­er­ences “500+ cli­ent en­gage­ments to date”.
    08/04/2019
    A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
    The Dir­ect­ive on Copy­right in the Di­git­al Single Mar­ket (the “Dir­ect­ive”) has now been ap­proved by the European Par­lia­ment and once ad­op­ted by the Coun­cil of the EU it will form part of the EU Mem­ber States’ na­tion­al le­gis­la­tion by the end of the im­ple­ment­a­tion.
    03/04/2019
    A new age for copy­right reg­u­la­tion in the EU di­git­al mar­ket - Part...
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