Digital law and intellectual property
Digital developments and the rise of social networks as vectors of information have fundamentally changed intellectual property law, the diversity of protection tools offered or the nature of the content that can be protected.
Personal Data Law
Personal Data Law has undergone a real transformation, particularly due to the entry into force of the European General Data Protection Regulation. This regulation transforms the relationship with personal data, notably by making companies more responsible and encouraging them to develop a genuine personal data culture, whether by appointing a data protection officer, by requiring regular security audits or by taking personal data into account from the conception of their offers.
Cybercrime and cybersecurity
Massive cyber attacks have increased tenfold in recent years, both in politics and in business. Cybercrime, which has long been difficult to define, is increasingly seen as a strategic issue. In this respect, European and French legislators have tried to provide answers to arising problems both by strengthening the criminal arsenal and by increasing the duty of vigilance of companies.
The drones industry, both civil and military, has experienced a real explosion in recent years, accompanied by a growing complexity of the legislation regulating this sector. As a result of these changes, new obligations in terms of information, registration or responsibilities are imposed on manufacturers.
Legal regime for block chains
As the use of blockchains increases, the various legal issues arising from the increasing use of blockchain technology need to be considered. To what extent is the expansion of blockchain technology a challenge for lawyers? Does substantive law allow for the easy use of this technology? Is blockchain technology developing unregulated? Should an evolution of the texts or case law in this area be anticipated?
Legal prospective on artificial intelligence
Artificial intelligence is disrupting most human activities and the legal profession is no exception. The ongoing phenomenon of the automation of human activities is giving rise to unprecedented legal questions in terms of regulation. Should artificial intelligence be regulated? Should robots be given legal personality? Moreover, what will be the impact of automation on legal professions?
Smart contracts, developed today on platforms such as Ethereum, are not contracts but computer programs. Together with virtual currencies, they are one of the main contributions of blockchain technology. However, their legal status is not yet clear.
Legal approach to tokens
At the heart of blockchain technology is the token, which can represent a unit of value as well as a given right (right of use, voting right, etc.). The legal nature of the token is nowadays much debated, which creates great uncertainty as to the legal regime applicable to it.
Problem of evidence for blockchains
The main advantage of blockchain technology is its reliability: the transactions recorded in it are indelible and cannot be falsified. However, the law of evidence currently in force does not necessarily provide a legal framework fully adapted to this technology. It is therefore necessary to question the requirements of substantive law in terms of evidence.
Digitalisation of legal services and Legaltechs
Legaltechs are changing the legal services industry. What are they? To what extent are they renewing the supply of legal services? What impact will this movement have on the evolution of the work of lawyers?
Big Data and Open Data: New Legal and Ethical Challenges
Tools for analysing mass data nowadays open up new possibilities. The expansion of increasingly sophisticated tools will enable companies to develop their strategy and make decisions based on such analyses. Lawyers, including judges, are concerned by these developments, which will profoundly renew their way of working, especially if the Open Data of court decisions policy is completed. However, these new possibilities give rise to both legal and ethical difficulties that need to be considered. European Union law and French law regulate the use of these tools in order to protect the persons concerned.
Smart machines and liability
While mechanisation has led to the advent of objective liability, the difficulties arising from automation are today renewed in the presence of increasingly sophisticated machines, which are gradually becoming autonomous. If our substantive law already contains provisions that are likely to address some issues, it will certainly have to evolve to take account of the existence of intelligent machines.
New compliance obligations
The law of 9 December 2016 (« Sapin law ») obliges companies of a certain size to set up a compliance programme to prevent and detect corruption and influence peddling. It also protects whistleblowers and provides for the establishment of a reporting system in all companies with more than 50 employees. The Act of 27 March 2017 on the duty of vigilance of parent companies completes it all.
The « Sapin law » has created an unprecedented status of whistleblower and provides for the mandatory implementation of a collection of alerts in all companies with more than 50 employees. It is appropriate to take stock of this new status of the whistleblower and the circumstances in which he may be required to intervene.