Expertises

Commercial law / Digital

Our
services

Our
department

Our Commercial Law/ Digital department deals with advice and litigation matters for companies in all aspects of their commercial activities. We assist our clients, from start-ups to multinationals, in their projects in order to determine with them the best legal strategy (contractual, litigation or amicable depending on the case) based on a pragmatic analysis of the opportunities, goals and risks involved.

Today, all activities involve the processing of data and in particular personal data, a subject with high strategic and legal stakes. Our department deals with this dimension in all its aspects and intervenes in a transversal way in order to answer the various questions of companies in close collaboration with the other expertises of the firm (Commercial / Distribution / Digital and Public Business Law for the litigation aspect) in order to ensure a compliance with the European (GDRP) and French (Loi Informatique et Libertés in particular) regulations. 

Beyond this compliance, our department assists companies in the implementation of projects or partnerships involving processing of personal data (licensing, transfer, etc.).

Our
expertise

Commercial law / Distribution 

  • Contractual strategy and drafting of commercial contracts (partnerships, MSA, sales and supply, etc.) 
  • Distribution contracts (franchise, exclusive or selective distribution, annual agreement, commercial agency, etc.)
  • Pre-litigation strategy, commercial litigation, amicable resolution (non-performance, breach of contract, indemnity, unfair competition, etc.)
  • Management of investigations of French Economic Authority (DGCCRF / DDPP)

Digital

  • E-commerce and distance and off-premises sales (T&Cs, supplier contracts, legal notices, etc.)
  • Technology contracts 
  • Management and use of customer data (sales promotion, profiling, commercial offers, contests, sponsorship, retention periods, etc.)

Consumer law 

  • Drafting of consumer contracts (T&Cs, terms of use or subscriptions, etc.)
  • Validation and implementation of sales promotion actions 
  • Litigation (consumers / consumer’s associations in matters of unfair terms, unfair commercial practices, etc.) 
  • Management of investigations of French Economic Authority (DGCCRF / DDPP)

Data

  • GDPR audit (inventory, mapping, recommendations, implementation) 
  • Drafting of supports (Privacy Policy, record of processing activities, data retention policy, cookies policy, DPA with processors and joint controllers, etc.) 
  • Assistance in the drafting of impact assessments
  • Cross-border data flows
  • Management of data subjects’ rights (right to be forgotten, right to erasure, right of access, etc.) 
  • Management and use of customer data (sales promotion, profiling, commercial offers, contests, sponsorship, retention period, etc.)
  • Assistance during French Data Authority (CNIL) investigations on site and/or on documents
  • Litigation before the CNIL or the Public Supreme Court
  • Role of DPO (Data Protection Officer) 
  • GDPR awareness training for teams

Your
contacts

Emmanuelle BEHR
Beatriz de SILVA