Information technology law
New technologies have created a separate law, mixing intellectual property law, criminal law and the right to privacy.
New technology companies and e-merchants are busy developing their business model and have little time and knowledge of the legal field.
Our Firm is there to support start-ups and companies that innovate.
Our Firm specializes in the handling of e-reputation and the consequences of attacks from competitors on the web.
In the matter of only few years, digital communication has become an essential weapon for any company that intends to make itself known and / or intends to gain market shares.
Internet and social medias are essential tools to promote its brand and its products in the world.
But, this communication power has limits. Consumer forums, platforms, social medias, sites offering comparisons, convey information published by influential and sometimes malicious people.
It is therefore essential to protect and defend your image, by defining a global strategy for managing your e-reputation.
Offensive or defamatory remarks are punishable under the Criminal Code as well as the Civil Code.
However, care must be taken that the prosecution actions of the perpetrators of press offenses are prescribed three months after the date of the first publication of the disputed contents. It is therefore always urgent to act.
The two main press offenses are libel and insults.
Defamation is the allegation or imputation of an act that offends the honor or consideration of a person. It does not matter if the fact in question is true or false, but it must be able to be subjected, without difficulties, to a check and a contradictory debate.
Insult is any outrageous expression, term of contempt or invective that does not contain the imputation of any fact.
When the disputed content is about your products, the natural qualification will be more that of denigration.
Other, rarer legal qualifications may be retained, particularly with regard to natural persons, such as invasion of privacy or damage to the image sanctioned by Article 9 of the Civil Code.
The legal means of action to defend one’s e-reputation are multiple and depend on the objectives pursued by the victim and the factual circumstances in which the abuse of rights is committed.
So we can effectively intervene in:
- Exercise of the right of reply,
- The sending of a notification to the authors to obtain the deletion of the disputed contents,
- The civil judicial action, to obtain urgently the suppression of the litigious contents and the award of punitive damages from the persons in charge,
- Criminal action (direct summons or criminal complaint with civil suit) to obtain the criminal conviction of those responsible.
We will take care of the intellectual property rights attached to the site (brand, domain name, source code, graphic contents, videos, writings etc.), the consolidation of the e- merchant rights and the set-up of the appropriate solutions to guard against possible plagiarism or other practices of economic parasitism.
The Firm offers:
- Creation of the contractual architecture in the framework of platforms,
- We answer all your questions through legal consultations in our Firm or by telephone,
- Development of all contracts required for the platform,
- General Terms of Service (GTC) between the Operator (you) and the Referenced Sellers,
- General Conditions of Sale (GTC) governing the sale of products or services between the referenced Seller and the Buyer-client.
The legislator has noted the need to create a law specific to new technologies, given the number of disputes that have developed today: counterfeiting and Adwords, defamation on the Internet, issues related to trademarks and domain names, electronic commerce.
- Liability of Internet players: publishers and technical intermediaries (search engine, web platform),
- Protection of domain names,
- E-commerce: drafting of the general terms and conditions (CGV, CGU),
- Website development contract, mobile applications,
- Hosting contract,
- SEO contract.