Following the positions expressed by the Austrian, German and French Supervisory Authorities (see our previous Alert), the Italian Supervisory Authority (Garante per la Protezione dei Dati Personali, Garante-) published on 9 June 2022 a specific measure, according to which website analytics solutions used to measure online audience (Analytics Service Solutions) infringe on the EU General Data Protection Regulation no. 2016/679 (GDPR – external source) when such use implies a transfer of personal data to a third country without an adequate level of personal data protection, such as the United States. Generally speaking, the Garante, aligned its position on the matter with its counterparts.
(more…)France: New Requirements Concerning the Sale of Digital Goods
July 21st, 2022 | Posted by in eCommerce | France | internet | IT | Legislation - (0 Comments)On 29 June 2022, Decree n° 2022-946 (the “Decree”) supplemented the regulatory framework resulting from the Ordinance n° 2021-1247 of 29 September 2021 on the legal warranty of conformity for goods, digital content and digital services (the “Ordinance”). Stakeholders have under 1 October 2022 to implement the following measures, aiming at protecting consumers of digital goods.
1. General information about the Ordinance
Implementing two 2019 European directives on certain aspects of contracts for the supply of digital content and digital services and contracts for the sale of goods (respectively Directives (EU) 2019/770 and 2019/771 dated 20 May 2019), the Ordinance aimed to foster the safety of consumers when purchasing both physical and digital goods and, to a lesser extent, to reduce the environmental impact of digital goods.
This Ordinance amended the French Consumer Code in depth, notably by expanding the legal warranty of conformity, which now covers digital products and services but is also applicable to both B2C as well as B2B contracts, when the latter are executed between professionals and non-professionals (i.e. legal entities acting outside of their direct professional activities).
(more…)Legal 500 Rankings 2022 – Industry focus: IT, telecoms and the internet – Tier 3 – France
April 11th, 2022 | Posted by in internet | IT | Rankings - (0 Comments)K&L Gates LLP has strong expertise in innovative systems, combining strength in technology, data protection and IP. Notably undertaking innovative and complex work, the team has advised on encryption and security software for Enigma Software/Cyclonis and secure GPS services for ICaune. Developing a focus on connected transport matters, the firm advises some of the biggest names in this growing area. Claude-Etienne Armingaud is the head of the practice.
Practice head(s): Claude-Etienne Armingaud
(more…)Leaders League Rankings 2022 – Technologies, internet & telecommunications – Data protection law – Law firm – France
March 8th, 2022 | Posted by in IT | Privacy | Rankings - (0 Comments)K&L Gates ranked “Highly Recommended – Band 1” with Claude-Etienne Armingaud.
Source: Leaders League
(more…)French Reform of Automatic Intellectual Property Assignment for Non-Employee Personnel
December 29th, 2021 | Posted by in Intellectual Property | Software - (0 Comments)France is widely known for its author-centric intellectual property right (IPR) framework: except for a limited number of very specific situations, all IPR must be expressly assigned and there is no “work for hire” doctrine.
This situation is changing, further to Decree n°2021-1658 dated 15 December 2021, replicating the regime applicable to inventions and software created by employees or public servants to those made by natural persons accommodated by private or public law entities carrying out research.
This decree amended the French Intellectual Property Code (FIPC), by creating two new articles: L.113-9-1 (with regard to software IPR) and L.611-7-1 (with regard to patent IPR) FIPC.
(more…)Legal 500 Rankings 2021 – Industry focus: IT, telecoms and the internet – Band 4
April 15th, 2021 | Posted by in IT | Privacy | Rankings - (0 Comments)Practice head(s): Claude-Etienne Armingaud
Testimonials
‘Skilled technical lawyers with excellent industry knowledge.‘
‘Claude-Étienne Armingaud possesses excellent technical legal skills with a sensible practical commercial approach which comes through unrivalled knowledge of the sector.‘
(more…)‘Claude-Étienne Armingaud is the best at what he does, plain and simply.
Technologies, internet & telecommunications – Internet – Ranking 2021 – Law firm – France
March 14th, 2021 | Posted by in IT | Rankings - (0 Comments)
Leaders League Ranking 2021 – Technologies, internet & telecommunications – IT, software & digital projects – France
March 14th, 2021 | Posted by in IT | Rankings | Software - (0 Comments)Leaders League Ranking 2020 – Health, pharma & biotechnology – E-Health – France
October 2nd, 2020 | Posted by in eHealth | France | IT | Privacy | Rankings - (0 Comments)Legal 500 Rankings 2020 – Industry focus: IT, telecoms and the internet – Band 4
May 21st, 2020 | Posted by in Blockchain | Connected Cars | eCommerce | France | IT | Rankings | Software | Trusted Services and eSignature - (0 Comments)Practice head(s):Claude-Etienne Armingaud
Testimonials
‘The team is well versed and up to date on the current standards and practices. Team members are all very flexible in their availability and very responsive’.
‘The team provides sharp advices and has great sector industry knowledge’.
‘The team has in-depth expertise and great ability to anticipate future legislation’
(more…)‘Claude Etienne Armingaud is more than a lawyer; he is a trusted partner who knows his own limits and is very friendly’.
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