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ITC Team: Number One in IT, Internet and Data Protection – Chambers Global & Legal 500 2020

We assist you in contractual, regulatory and litigation matters, in your innovative, complex and often international projects, digital transformation, electronic communication, personal data and cybersecurity.

Our team offers you a series of tips and tricks under fact sheets format in the areas of cyber surveillance, data protection (GDPR / ePrivacy), IT contract negotiation, E-commerce platforms and Tech investments.

Please contact us for any further information: [email protected]

Please note, the fact sheets are only available in French.

Cybersecurity

Teleworking and cyber monitoring of employees

With the increase of employees working from a home office, many employers are implementing cyber-monitoring measures for employees working from home. Data loss prevention software, recording of video-conferences, checking the history of websites visited: here are a few “tips and tricks” before getting started.

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Cybersecurity: How to react in case of data breach?

Pandemic and working from a home office can be synonymous with reduced vigilance or of a lack of organisation. The risks of data breaches increase accordingly. We remind you of some good reflexes to have.

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Cybersecurity: After two years of the GDPR application, what is the European record on security breach notification?

Two years of the GDPR have provided an opportunity to make a European assessment of the violation notification practices. Which sectors are the most affected? Are violations more often result of an external attack or an internal error?

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Cybersecurity: What personal responsibility for the director in case of attack?

Victim of a ransomware attack, a company suddenly sees its activity paralysed and some of its most sensitive data disclosed on the dark web. The damage is considerable. Focus on the personal responsibility of the CEO.

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Data Privacy

In the Data Protection (GDPR / ePrivacy) series, we bring you an important episode dedicated to the 6 steps to be implemented according to the EDPS in order to ensure the validity of the relating to the analysis of data transfers following the Schrems II decision of the CJEU.

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GDPR – Top Three Priorities

The current pandemic may be an opportunity to strengthen privacy initiatives. Our ITC team reveals the top 3 priorities of our “GDPR Survey – Benefits Beyond Compliance”, published in partnership with BearingPoint, and how they fit into the current situation.

For more insight, read our full GDPR Survey: Benefits Beyond Compliance.

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E-Commerce Platforms

Compliance of your e-commerce platform: Decryption

Timeline – Every week, find our tips and practical information.

Episode One: Main mandatory legal mentions of your e-commerce platform

 

Episode Two: How to define the applicable law to your e-commerce platform

Episode Three: The General Terms & Conditions of Sale and Services of your platform – Necessity and opposability

There is a lot of information to be communicated in the General Terms & Conditions of Sale and Services. However, users should not be drowned in too much legal documentation.

Episode Four: Legal Design – How to improve the user experience and transparency of information

 Episode Five: Cookies and social plugins – Practical insights from recent legal news

 Episode Six: Payment systems and security – The implementation of the PSD2 directive

Main obligations, key deadlines and to-do list.


Episode Seven: Settlement platform 2 business – Rebalancing the relationship between platforms and sellers


Episode Eight: E-commerce platforms: mapping of applicable regulations

Episode Nine: Technical intermediaries (hosts and publishers) – Principles and outlook for evolution

IT Contract Negotiation

Episode One: How do you negotiate… the change-of-service clause in a SaaS contract?

In SaaS (software-as-service) contracts, the change of service clause is often the subject of a long discussion. Customers want a guarantee that the changes will not negatively impact the services they receive, while the provider wants to retain full discretion over its editorial policy.


Episode Two: How to negotiate… Security clauses in IT contracts?

In IT contracts, security clauses are often the subject of a long discussion. Each party wants to impose its own security standards.


Episode Three: How to negotiate… a “Service Level Agreement”?

In IT contracts, clauses relating to the setting and respect of service levels are often the subject of lengthy discussions. Each party wishes to impose its own criteria and performance measures – and their sanctions if they are not met.


Episode Four: How to negotiate… an acceptance clause?

In IT contracts, acceptance clauses are often the subject of long discussions. The service provider wants to limit and simplify the acceptance procedure while the client wants an extensive verification before pronouncing the acceptance.


Episode Five: How to negotiate… a termination clause?

Termination clauses in IT contracts are often subject to lengthy discussions. The client wanting to ensure that multiple termination options are available and the provider wishing to limit them.

Author

Rémy Bricard is a member of the Firm’s Information Technology & Communications Group Steering Committee and has more than 10 years of experience handling cross-border M&A transactions. He regularly advises start-up firms, large users and suppliers on their domestic and cross-border ITC transactions, and assists investment funds in assessing, structuring and completing their domestic and cross-border investments in ITC companies. Mr. Bricard joined Baker McKenzie in Paris in 1984 and was elected partner in 1992. He also served in the Chicago office in 1987 and passed the New York Bar examination in 1988.

Author

Laurent Szuskin is a partner in the Firm’s Information Technology & Communications Group in Paris. He is proficient in the local and global legal aspects of information technology and communications, and routinely advises on strategic operations of promotion, distribution, protection and valuation of IT products and services — including due diligence, acquisitions and divestiture structuring, strategic alliances and IPOs. Prior to joining Baker McKenzie in 2009, he worked for Salès Vincent Georges & Associés and Stibbe, and served as partner in Latham & Watkins.

Author

Magalie Dansac Le Clerc is a partner in Baker McKenzie's Paris office. A member of the Firm's Information Technology and Communications Practice Group, she is a Certified Information Privacy Professional (CIPP). She took part in a nine-month associate training program in the Firm's Chicago office in 2014. Prior to joining Baker McKenzie, Ms. Dansac Le Clerc was an intern in the intellectual property department of a Paris law firm, focusing on copyright and trademark law, as well as commercial law.

Author

Yann Padova joined Baker McKenzie as a partner in the Information Technology Group and head of the Data Protection Practice in Paris. He is internationally recognized in digital network law, personal data and regulatory law. Yann Padova has an extensive experience in data protection for 17 years and has served both as a regulator and a lawyer. In November 2017, he has been appointed “Country Leader” by the International Association of Privacy Professional (IAPP). Before joining Baker McKenzie, Yann Padova served as Commissioner with the Commission de Régulation de l’Energie (2015-2017), to which he was appointed by the President of the National Assembly due to his skills in the field of personal data. Before this, he had worked for Baker McKenzie in Paris as Senior Counsel in the Information Technologies and Communications team (2012-2015). For 6 years, he was Secretary General of the CNIL, the French data protection authority (2006-2012) where he participated in the very first rounds of negotiations of the GDPR. He began his career as an Administrator at the National Assembly (1995-2006) where he specialised in personal data laws, criminal law and criminal procedures and notably participated in the legal work that led to the transposition of the Directive 95/46 on data protection into French Law.

Author

Christian Blomet has extensive knowledge in information technology law, as well as in mergers and acquisitions. He is a contributor to the Lamy Encyclopedia of Media and Communication Law, and is author to various publications on telecommunications law, including "Adaptation of Telecom Law in the Government Action Plan of the Information Society." Mr. Blomet is also a frequent speaker on telecom regulation and competition law at various key seminars.

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Alexandra Coti is an Associate of the Baker McKenzie's Paris office.

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Hugo Roy is an Associate of the Baker McKenzie's Paris office.

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Elsa Daimler is an Associate of the Baker McKenzie's Paris office.

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Marie Catherine Ducharme is an Associate of the Baker McKenzie's Paris office.

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Bérénice de Wailly is an Associate of the Baker McKenzie's Paris office.

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Julie Martinez is an Associate of the Baker McKenzie's Paris office.