The strategic importance of information systems and the visibility of company activities on the internet no longer need to be demonstrated. The stakes in the area of information technology have only increased over time and require on-going monitoring.

At the same time, regulations governing this field have considerably developed. One need only point to the significant changes that have taken place as a result of legislative developments governing e-commerce, personal data protection and the digital signature.

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

• preserve the company's interests when implementing information systems
• develop preventive measures to continuously ensure that the resources deployed via the internet comply with applicable laws at all times, and
• protect and defend the intellectual property rights of the resources used.

 The complexity of information technology law can be explained by the fact that this area interfaces several technical as well as legal areas.

Effective understanding of the various aspects of this area of the law requires expertise in intellectual property law, in-depth knowledge of contract law and a sound understanding of the current technological environment and practices.

Our Practice Areas

• Preparing and negotiating development, licencing and maintenance agreements, particularly in the context of integration operations and the deployment of information systems 
• Preparing, negotiating and assisting the implementation and conclusion outsourcing 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.)
• Assistance in implementing digital signature systems (PKI)
• Assistance in negotiating and entering into e-archiving agreements
• Database law
• Protecting personal data, compliance audits, formalities with the French Data Protection Authority (CNIL), providing assistance in the implementation of specific operations requiring heightened vigilance in the regulatory sector such as the implementation of Codes of Ethics, biometric recognition systems, cross-border data flows, advising on the implementation and definition of correspondents' duties in the context of personal data protection
• Providing assistance regarding litigation linked to contract performance, the defence intellectual property rights or compliance with applicable laws and regulations.

Our Approach

• A pragmatic approach notably involving the implementation of projects aimed at preventing litigation risk.
• A global legal approach offering synergies of expertise notably in intellectual property law, contract law and consumer law. 
• A multidisciplinary approach with lawyers specialising in tax, industry and commerce regulations, employment, or regulated sectors such as the health, real estate, insurance or banking.

Our Clients

We advise our clients who wish to optimise their information systems, outsource operations or rationalise personal data flows as well as implemente web platforms, including e-commerce web sites, forums and auctions.

Our Team

CMS Bureau Francis Lefebvre has a team of lawyers who specialise in intellectual property and new technologies. Each lawyer develops expertise in a specific area. The team also works in close collaboration with all of the other specialists at CMS Bureau Francis Lefebvre. Understanding of this field requires a multidisciplinary approach that takes into account in particular the operator's business sectors.