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Hors-série N°C11 - Lundi 21 septembre 2009 - ISSN / 0989 - 35 €
December 2017
Digital
Guide
avec la participation de
L
e s cahi e r s
1
2
Presentation*
T
he advent of digital media turned the economic, social, and legal worlds upside
down. We therefore thought it would be helpful to create a Digital Guide for
a better understanding of the challenges and issues arising from the digital
media transformation.
The digital revolution has transformed the economic and legal worlds in many ways. First,
the economic activities of companies have been affected by Big Data, data control, and
evolving market power. Governments have also had to adapt to the digital age. The idea
of a cyber-administration was raised, followed by e-governance, and
www.optionfinance.fr
2
Presentation* T he a
4
Introduction S ince the dawn
n Summary n Presentation ......................
n Summary n 1.1.2. Respecting users’ rights 1.2
n Summary n 2. The legislative framework ......
n Summary n 2.1.4. Transfer pricing 2.2. Soluti
10
n Coordinators and editors n I
n Author biographies n Simon Charbit, Par
n Author biographies n Agnès Chavernoz, Ass
n Biographies of the interviewees n Introduct
n Biographies of the interviewees n Data cont
Questions for Jean-David Chamboredon, Executive C
is the following: companies financed by venture c
18
Topic 1 Companies and Big Data The authors
Questions for Gilles Babinet, entrepreneur and di
Companies and Big Data N
unstructured (social, automated, Web, or public d
advantage of the platform’s features while helpin
the French Law for a Digital Republic,16 which su
it contains) or social network profiles using a s
necessary for the purposes for which the data was
The “accountability” principle requires data cont
nymous is outside the scope of the data protectio
1. “Robert Kirkpatrick, Director of UN Global Pul
30
Topic 2 Cybersecurity The authors
Cybersecurity W hile the dig
1 Cybersecurity, a challenge for companies and go
services. A survey of 10,000 managers in 127 coun
1.2.2. At the European Union level In 2004 the Eu
reproduction, distribution and representation of
2.1.1. Responsibility of the data controller for
impacted by regulation of security measures. The
data from other service provider customers, imple
– Use of intrusion detection tools to detect unus
internal communications channel devoted to the in
42
Topic 3 The Internet of Things The authors
The Internet of Things T
privacy(1.1) and, more generally, to the security
regulations.9 Furthermore, the Regulation also re
The failure to comply with the right to informati
The second is the use of poorly secured web inter
as user age decreases: this is the case for 83% o
third party, unless the custodian can prove force
2.2. Liability for processing results pro- duced
Connected devices, mobile applications and medica
55
56
Topic 4 The framework for processing per
The framework for processing pers
the EU Charter of Fundamental Rights was official
sor in the European Union, regardless of whether
the past several years, in anticipation of the ch
WP), which is composed of the various personal da
Standard contractual clauses: 8standard contr
ral obligation of prior notice to the relevant su
country does not develop its own application such
controller to guarantee that only a certain numbe
tion: inaccurate data must be deleted or rectifie
Inclusion of this right in the Regulation reinfor
solely on this basis if the decision has legal co
4 The European harmonization under construc
involving several Member States to interact with
4.1.3.2. Right to compensation and liability The
certain criteria the data must meet to be deliste
Data Protection Officers: Role and Powers23 The n
to limit the scope of the rights and obligations
1. In its so-called Costeja decision of May 13, 2
77
78
Topic 5 The sharing economy The author
Questions for Maria Gomri, Head of Legal Affairs,
The sharing economy T he early
traditional restaurants. It is also appealing for
1.5. The sharing economy is not “uberiza- tion” E
to the Court of Justice of the European Union (CJ
Questions for Marion Carrette, OuiCar Founder Sy
86
Topic 6 Crowd collaboration The authors
Crowd collaboration T he emergence of
Mettling, HRD at Orange, in his September 2015 re
ling to perform services, which is something the
“power up”). Internal mobility is also a particip
92
Topic 7 Control over data means mark
Questions for Isabelle Rech, Head of Legal, and B
Control over data means market power
– whether or not the data is personal,8 since the
draw in this regard, raising concerns that have l
and market share increased less accurate than if
or take advantage of their dominant position on c
seem sufficiently flexible to adapt to different
1. International Data Corporation (IDC) and EMC2,
102
Topic 8 Corporate venture capital The auth
Questions for Jean-Pierre Gérault, Chairman, Rich
IPO, risk capital does not reach attractive profi
Corporate venture Preliminary comments Corporate
venture capital. During the 1980s, government ini
appropriate, this prospecting phase may be follow
3 State support for innovation As mentioned abo
NO. NAME CHARACTERISTICS 3. French Tech G
Bpi also manages several investment funds such as
(CFE and CVAE) and property tax, for an 8-year pe
the three fiscal years preceding the subscription
and STMicorelectronics) decided in 2002 to establ
The presence of corporate venture capitalists amo
116
Topic 9 The taxation of digital technology Th
The taxation of digital technology T
countries: Ireland, the Netherlands (the transfer
regarded as being “established” in France, as lon
people begin to interact through an intermediary;
39 terdecies of the French General Tax Code (CGI)
ving problems of double taxation, the proposal di
may seem surprising, since its aim was to catch a
1. Pierre Collin and Nicolas Colin, “Experts’ mis
126
Topic 10 The blockchain revolution: should
Questions for Georges Nahon, Chairman, Orange Sil
Macron law. Governments around the world are look
The blockchain revolution: should we
that consists of chronologically arranged bundles
and function in an entirely decentralized manner.
different assumptions and take dramatically diffe
dit and liquidity risk by requiring pre-funding,
ponents of smart contracts claim that many kinds
wrong hands and authenticates the drug for the en
a November 2015 speech, Commissioner Kara Stein f
Bitcoin and virtual currencies more generally. Fo
1. Don Tapscott and Alec Tapscott, Blockchain Rev
Ownership of Precious Metals, FIN-2015-R001 (Augu
141
142
Topic 11 Regtechs, or the rise of
Questions for Nicolas Steiner, Digital Convergenc
in 2020. In 2016, nearly 35% of software expendit
Regtechs, or the rise of a collaborat
The combination of (i) tighter, more complex regu
institutions’ desire to make their data available
mediaries; and accounting audit procedures so as
1. Order no. 2014-559 of May 30, 2014 on crowdfun
151
Abreviations ACPR ADPS AFIC AMF ANSSI ANVAR API
OECD OCLCTIC Orias PIPAME PIPC PRI PTZI RTC SCR
Glossary 3V Volume, Velocity and Variety. Alg
Digital disruption or disruptive innovation Any n
Virtual currency Digital representation of value
157
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