IT, IP and Data Protection
Lawyers in the firm’s Intellectual Property, Information Technology & Data Protection department have extensive experience in the field of information technology, the Internet, e-commerce and the security of information systems. Their practice also focuses on telecommunications law, where they advise service providers on access to markets and on their contracts.
In the area of intellectual property, the department assists clients in protecting their copyrights and trademarks, in negotiating and drafting all types of agreements (publishing, innovation, partnership, assignment/transfer and know-how licensing agreements) and on all intellectual property and privacy issues.
The team also has extensive expertise in data protection. It is able to manage the complex cross-border GDPR compliance issues faced by large European and international companies. Its mastery of this subject allows it to work with all the entities within a group and act as the link not only between the French side and the parent company but also between the different operational functions (from HR, legal to IT or general management) across the entire realm of data governance, training, data transfers, privacy impacts, and the implementation of GDPR tools within the group, crisis management of data leakages and response to the exercise of rights by data subjects.
“ “Bersay houses a broad telecoms practice, with strength across both litigation and advisory regulatory work, with further capabilities in IT law, data protection and public law.”
Areas of expertise
Software license agreements, in integrated ASP or SAAS mode; IT service agreements (maintenance, hosting, integration, specific software development); implementation of IT projects (system integration, outsourcing, etc.); facilities management; IT litigation; cryptology.
General terms and conditions of use and general terms and conditions of sale of websites; online advertising and e-commerce transactions; creation and hosting of websites; affiliations; partnerships; website audits; registration, transfer and defense of domain names; electronic marketplaces; Internet auctions.
Application of the GDPR: mapping of processing; risk analysis; implementation of accountability measures; holding of records; privacy policies; Binding Corporate Rules and data transfer agreements; relations with the French Data Protection Authority CNIL (processing, declarations); data protection officer; privacy infringements, defamation.
Regulatory and competition issues; allocation of scarce resources (frequencies and numbers); market analysis and regulation; authorizations and contracts to set up, build and operate infrastructure and networks and for the location of facilities; agreements and general conditions for the supply of services; access and interconnection agreements; settlement of disputes before the regulatory authority; judicial and administrative litigation.
Production and coproduction of audiovisual (cinema, television) and multimedia works (on-line and off-line video games, CD-ROMs, etc.); television distribution licenses; advertising (protection, exploitation) and marketing; regulation of radio broadcasting and electronic communication services (CTV, mobile TV, video on demand, etc.); operation of cable networks; press law (defamation (libel and slander), hate speech, both criminal and civil).
Protection and exploitation of copyright and related rights; distribution licenses (merchandising, video distribution, derivative rights); copyright infringement; copyright assignment agreements. Audit of industrial property portfolios (trademarks, patents, designs and models); registrations, licenses and assignments of trademarks, patents and/or designs and models; transfers of technology and/or know-how, confidentiality agreements; civil litigation in the field of trademarks, patents and/or designs and models; unfair competition and parasitic competition (denigration, violations of non-competition clauses, infringements of trade names or company names): criminal litigation relating to trademarks (customs detentions and seizures, criminal actions); contractual litigation.