Areas of Expertise

– Business, commercial and distribution law
– Internet law, liabilities and duties of Internet access service providers, hosting service providers and editors, suppliers of sponsored links
– Domestic and European data privacy law
– Online law: electronic contract, electronic payment, electronic archiving, e-discovery
– Consumer law and distance selling domestic French German and European regulations
– B to B and B to C e-marketing, telephone marketing,
– Unfair competition, counterfeiting and fight against illegal content and cybercrime
– Protection of privacy
– Protection of trademarks and domain names
– Copyright law and database
– Computer law,  software licensing, open source software
– Essential patents and international norms and standards
– French telecommunications law and litigation before the National Telecommunication  Authority (Arcep)
– Auditing Websites selling in France or in Europe
– International law, European law, cross-border e-commerce

Representative activities

 legal auditing of sales and services online websites  (aspects of international law, applicable law and jurisdiction clauses, enforceability);

 analysis of sales practices of online websites: consumer law, distance selling, electronic contract and consent,  unfair trade practices within the meaning of Directive 2005/29 of 11 May 2005 withdrawal right;

 advising  French and German companies in the retail sector and more specifically in the distant selling sector;

 legal opinion on standards in the telecom sector (telecommunication-Internet- mobile industries) and their submission to licensing, standard and royalty-free, and FRAND licensing essential patents;

 advice in connection with the Creation and Internet Act (the so-called HADOPI law) , HADOPI risk assessment for a telecom operator, an ISP and operators of the tourism sector;

 protecting the proprietary rights belonging to contemporary artists against infringement;

 drafting terms and conditions for online sales websites and issues re the formation of the electronic contract, electronic evidence, electronic archiving, the potential application of consumer regulations to BtoB websites; legal opinion re selling through social networks;

 ‘Legal opinion’ on French and European regulation applicable electronic payments institutions and electronic money issuers (online payment);

 License agreements, software development, outsourcing contracts, consortium agreements

 Assistance of a software editor in the development of its distribution strategy of open source and proprietary software (dual licenses) or re embedded software combining proprietary modules and LGPL Modules; ‘legal opinion’ on Android Apache or Sun Java Oracle license terms

Assisting companies in contract negotiations on  software license and maintenance agreements;

 Analyzing Internet sales practices under French and EU provisions for multiple sites of video game downloads and online sales services;

 Analysis of issues related to the export of personal data outside the European Union, audit compliance to the data protection regulation;

 Preparing and writing of general and specific terms and conditions for BtoB and BtoC telecommunications (electronic communications) service providers such as telephony, IPVPN, Lan to Lan, broadband Internet connectivity, leased lines, maintenance SLA, Triple Play services  ;

 Monitoring of the transposition of TELECOM Packages II and III (European directives) analysis of certain operations of industry consolidation/concentration, of certain abusive pricing practices (effects scissors, predatory pricing) and ARCEP (National Telecommunication Authority) disputes (re interconnection charges or fees numbering);

 Following the adoption process of  the Directive 2011/83/EU on Consumer Rights of 25 October 2011 (level of harmonization, information requirements of the online trader, right of withdrawal and exceptions, order with obligation to pay button, goods returning costs);

 Drafting distribution agreements, franchise and business agent contracts;

 trademark law and domain names disputes;

 Civil and commercial litigations, domestic and international arbitrations, enforcement of international judgments and awards- legal.