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TMC - Technology, Media & Communications

Morocco

The strategic aspect of information systems and good visibility of company activities on the internet no longer need to be demonstrated. The challenges of information technology have increased over time. They require on-going monitoring.

At the same time, laws and regulations applying to this field have considerably developed. We only need to mention the changes further to the development of legal provisions governing e-commerce activities, personal data protection and electronic signature.

Given this combination of factors, it is consequently necessary to: 

  • preserve the company's interests when information systems are implemented
  • develop preventative measures in order to continuously ensure that the resources implemented on the internet comply with applicable legal requirements at all times
  • ensure the intellectual property of the resources used and defend the rights attached thereto  

The complexity of information technology law mainly derives from the fact that this area is situated at the crossroads of several technical and legal areas. Effective understanding of the various aspects of this area of law requires expertise in intellectual property law, a perfect command of contract law and a good understanding of the current technological environment and practices.  

Our Practice Areas

  • Preparing and negotiating development, licence and maintenance agreements, in particular in the scope of information systems integration and roll-out operations
  • Preparing, negotiating and assisting the implementation and conclusion of facilities management agreements
  • Preparing and negotiating web site design and implementation agreements, including e-commerce web sites, hosting agreements, relations with service providers
  • Accompanying and monitoring the legal aspects of projects (participating in steering committees, etc.)
  • Providing assistance in the scope of implementing electronic signature systems (PKI)
  • Providing assistance in the scope of negotiating and concluding archiving agreements
  • Database law
  • Protecting personal data, compliance audits, formalities with the French Data Protection Authority, providing assistance in the implementation of specific operations requiring heightened vigilance in the legal sector such as the implementation of whistleblowing systems, biometric recognition systems, cross-border data flows, advising on the implementation and definition of correspondents' duties in the scope of personal data protection
  • Providing assistance regarding litigation linked to performing contracts, defending intellectual property rights or complying with applicable laws and regulations.  

Our Approach

  • A pragmatic approach notably involving the implementation of projects aimed at preventing litigation risks.
  • An overall legal approach by using synergies of multi-faceted expertise notably in intellectual property law, contract law and consumer law.
  • A multi-disciplinary approach involving lawyers specialising in tax, economic laws and regulations, employment, or regulated sectors such as the health, real estate, insurance or banking sectors.

Our Clients

We advise our clients who wish to optimise their information systems by outsourcing operations or rationalizing personal data flows and implementing web platforms, including e-commerce web sites, forums and auctions. 

Our Team

CMS Francis Lefebvre Avocats has a team of lawyers who specialize in intellectual property and new technologies. Each lawyer has chosen to specialize and develop expertise in a specific area. They also work in close collaboration with all of the other specialists at CMS Bureau Francis Lefebvre. Understanding of this field requires a multi-disciplinary approach that particularly takes into account the players' business sector.

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20/08/2019
Brave new world - eco­nom­ic sub­stance re­quire­ments in­tro­duced in the...
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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.
11/07/2019
An in­tro­duc­tion to the law of block­chain and dis­trib­uted ledger tech­no­lo­gies...
Rem­ed­ies: In Prin­ciple The ori­gin­al Bit­coin White Pa­per stressed the im­port­ance of trans­ac­tions not be­ing re­vers­ible. Ir­re­vers­ib­il­ity is a func­tion of Bit­coin, de­lib­er­ately de­signed to re­duce trans­ac­tion costs and im­prove ef­fi­ciency.
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.
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”.
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.
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
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.
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.
26/03/2018
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After the with­draw­al of re­quest for in­ter­im in­junc­tion in Co­logne High­er Re­gion­al Cour­ton March 7, can users of open source soft­ware breathe a sigh of re­lief or does this with­draw­al give rise to false hope? When Co­logne Re­gion­al Court is­sued an in­junc­tion in.
19/03/2018
Open Source Com­pli­ance
Open source com­pli­ance fail­ures can pose a ser­i­ous threat to af­fected com­pan­ies. Here is an over­view. After the first open source li­cense was en­forced by a Ger­man court in 2004, there is no longer any doubt about their valid­ity.