LITIGATION IN DIGITAL RELATED MATTERS
We have a specific expertise in digital platform liability, as well as IT litigation.
Liability of digital platforms
Our team advises on the liability of providers of online public communication services.
We assist our clients and cover all their needs in this area in France, in order to:
- ensure that they comply with European Union and French regulations,
- respond to notifications from users or regulatory authorities, and
- assist them in any related judicial or administrative proceedings.
We are involved in all types of cases, including:
- requests to remove online content (notifications made under the Law on confidence in the digital economy known as “LCEN”);
- civil and criminal liability actions against providers of online public communication services;
- requests for the communication of data;
- compliance of mandatory information, platform functionalities, and procedures for controlling and monitoring published content;
- requests to Internet Service Providers (ISPs) to block sites;
- relations with French administrative authorities (ARCOM, DGCCRF, CNIL, etc.);
- lobbying to promote regulations applicable to online public communication service providers.
IT litigation
Our team handles all disputes relating to IT law.
We assist our clients when disputes arise in relation to an IT contract, whether they are IT service providers (software publishers, IT consulting companies (“SSII”/”ESN”), access or hosting providers, etc.) or their clients, at any stage during the term of said contract:
- breakdown of pre-contractual negotiations;
- breaches of the duty to inform during the pre-contractual phase;
- disputes relating to contract formation and defects in consent;
- disputes relating to the performance of the contract (breaches of the obligation to deliver, to accept and of the acceptance procedure, delays in performance, enforcement of legal and contractual guarantees, deviation from the AGILE method, etc.);
- remedies in the event of non-performance or poor performance of the IT contract (defence of non-performance (“exception d’inexécution”), specific performance in kind, price reduction, termination of the contract, etc.);
- early termination of the IT contract (restitutions, compensation for the harm suffered, abuse of technological dependence, etc.).