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DIGITAL GUIDE
December 2017
www.dlapiper.com | 01
PRESENTATION*
The 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 finally the need to providing a
framework for a “digital Republic.” Governments must be responsible for
cybersecurity and the protection of personal data, as new issues continue
to arise, such as responsibility for connected devices.<
DIGITAL GUIDE December 2017 www.dlapiper.c
PRESENTATION* The advent of digital media turn
INTRODUCTION Since the dawn of the computer ag
SUMMARY Presentation
2.1.3. The NIS Directive extends a syste
1.1.4. Revision of council of europe
TOPIC 6. CROWD COLLABORATION 96 1.
3.2.4. A measure intended for corporate
2. BLOCKCHAIN REGULATION 150 2.1. ESMA
COORDINATORS AND EDITORS Isabelle Eid,
AUTHOR BIOGRAPHIES Simon Charbit, Partner, Co
Nicolette Kost De Sèvres, Lawyer. She specializes
Emilie Renaud, Counsel, Tax department. She speci
BIOGRAPHIES OF THE INTERVIEWEES INTRODUCTION
Brigitte Nisio,
QUESTIONS FOR JEAN-DAVID CHAMBOREDON EXECUTIVE CH
artificial intelligence in certain areas is now a
TOPIC 1 COMPANIES AND BIG DATA THE AUTHORS
QUESTIONS FOR GILLES BABINET ENTREPRENEUR AND DIG
COMPANIES AND BIG DATA Ninety percent of digital
intelligence technologies to collect, store, and
Thanks to Big Data, new services can be offered a
Based on this mass of data, the analyses of such
The legal issues raised by Big Data must therefor
For example, it issued a warning to Pages Jaunes
mobile phone applications do not provide any info
Compliance with this principle in the scope of Bi
loss, alteration, unauthorized disclosure of, or
4 THE HABITS TO DEVELOP The regulations also inc
Pseudonymization of personal data can therefore r
1. “Robert Kirkpatrick, Director of UN Global P
TOPIC 2 CYBERSECURITY THE AUTHORS Stép
CYBERSECURITY While the digital era has produce
data searches, allowing a police investigator to
■ Extortion of funds using data encryption (
and unambiguously identify digital entities and p
practices in a world where cybercrime is sharply
could not be penalized for accessing data or rema
1.3.3. Liability for torts, unfair competition an
Law No. 78-17 dated January 6, 1978 on data proce
enhance the security of critically important info
which enabled access to the personal data of 1.3
From a practical perspective, given the obligatio
Applicability of the GDPR starting on May 25, 201
affected by disruption of the essential service,
1. Senate Report no. 9 dated 9 October 2014 on th
TOPIC 3 THE INTERNET OF THINGS THE AUTHORS
THE INTERNET OF THINGS The entry of digital te
Which answers does the French legal system curren
connected devices must comply with general data p
if this means setting up procedures within the co
This right to information brings with it a right
For instance, many employees now access their ema
Open source or free software are software for whi
Gwendal Legrand, head of IT Expertise at the CNIL
First, product liability. For example, a defectiv
But what about the driver who simply types the de
Who could be found liable in such a case? The man
However, since one of the criteria for applying t
appropriate action to predict or prevent […] simp
CONNECTED DEVICES, MOBILE APPLICATIONS AND MEDICA
TOPIC 4 THE FRAMEWORK FOR PROCESSING PERSONAL DAT
THE FRAMEWORK FOR PROCESSING PERSONAL DATA: AN ES
also to include the fundamental rights reserved t
The companies and authorities concerned have two
Adopted at the same time as Regulation 2016/679,
For example, Article 11(3) of the Data Processing
1.3.1. Invalidation of the safe harbor arrangemen
has instituted a possibility of recourse for Euro
BCRs provide a particularly useful framework for
obligations thus include data protection by desig
regard, the Regulation sets out an obligation for
In addition, the Regulation sets out an obligatio
3.1.1. Greater territorial scope The Regulation’s
incorporates the earlier requirement of various s
In addition, when the data are not collected from
The issue here is to enable everyone to obtain th
and is subject to technical and organizational me
prevents identification as much as possible. It a
withdraw certification or order the relevant cert
possible by taking into account the specificities
It considerably increases the risk posed to proce
delisted if the individual concerned so requests.
These two decisions have had considerable impact
DATA PROTECTION OFFICERS: ROLE AND POWERS23 The
and videosurveillance, the CNIL has already devel
1. In its so-called Costeja decision of M
TOPIC 5 THE SHARING ECONOMY THE AUTHO
QUESTIONS FOR MARIA GOMRI HEAD OF LEGAL AFFAIRS,
THE SHARING ECONOMY The early 21st century has
This new model has had a noticeable impact on the
qualifications, reputation, references, etc. It i
specialized platforms. In the specific case of Le
requirements such as, e.g., the duty to acquire a
QUESTIONS FOR MARION CARRETTE, OUICAR FOUNDER An
TOPIC 6 CROWD COLLABORATION THE AUTHORS
CROWD COLLABORATION The emergence of collabora
contractor requires determining their level of re
One of the risks companies run is being found gui
permit, nor can it honestly be maintained that in
Internal mobility is also a participative managem
TOPIC 7 CONTROL OVER DATA MEANS MARKET POWER
HOW DO REGULATIONS AFFECT COMPETITION OVER DATA?
CONTROL OVER DATA MEANS MARKET POWER According
1.1.1. Big Data: the expansion of data into all i
the embryonic stage. Bruno Lasserre uses the exam
study on data and the issues it raises for the ap
In fact, the lack of an obvious overlap between t
how the product was offered to consumers. Similar
Defining the relevant market is particularly impo
The President of the French Competition Authority
because many industries where the core business
TOPIC 8 CORPORATE VENTURE CAPITAL THE AUTHORS
QUESTIONS FOR JEAN-PIERRE GÉRAULT CHAIRMAN RICHLI
Take the example of the simplification shock. The
CORPORATE VENTURE Preliminary comments Corporat
The first venture capital company, American Resea
la croissance (AFIC – French Association of Inves
support the new companies. During the incubation
the acquisition of Withings, a French gem that ha
NO. NAME CHARACTERISTICS
NO. NAME CHARACTERISTICS
3.2. FISCAL SUPPORT MEASURES Over the past twenty
and (iv) make R&D expenditures representing a min
mutual funds – representing e300 million, with in
of costs and expenses, i.e. an effective tax rate
4 INVESTOR EXIT STRATEGIES 4.1. REASONS FOR EXI
In France, the two main markets are Euronext and
TOPIC 9 THE TAXATION OF DIGITAL TECHNOLOGY
THE TAXATION OF DIGITAL TECHNOLOGY The “digita
and develops internationally.”7 It is also explai
If the royalties had been paid directly by IrishC
1.3. OPTIMIZATION STRATEGIES IN RELATION TO VAT F
Nevertheless, the general opinion is that the dig
For example, a company that acquires an asset for
2.2. SOLUTIONS PUT FORWARD BY THE EUROPEAN COMMIS
This new directive will likely also include measu
the Internet (with a 66% reduction for amateur co
TOPIC 10 THE BLOCKCHAIN REVOLUTION: SHOULD WE REG
QUESTIONS FOR GEORGES NAHON, CHAIRMAN ORANGE SILI
access to these new ecosystems where new ideas ca
THE BLOCKCHAIN REVOLUTION: SHOULD WE REGULATE INN
1.1.1. What is the Blockchain? Blockchain, the te
“which allows a payment system to operate in an e
We describe below a few basic concepts related to
output cryptographically locked, requiring the us
of capital with the CCP and (ii) “settlement risk
D. Operational risks in financial markets In the
With financial technology start-ups continuing to
agencies. This reduces the overhead in terms of f
benefit identified by the SEC is the application
property rather than a foreign currency, and the
understands how [Blockchain] operates gives rise
18. Wessel, David; “Hutchins Center Explains: How
TOPIC 1 REGTECHS, OR THE RISE OF A COLLABORATIVE
QUESTIONS FOR NICOLAS STEINER, DIGITAL CONVERGENC
requirements and technologies—three programs were
REGTECHS, OR THE RISE OF A COLLABORATIVE DISRUPTI
intelligently perform any or all compliance tasks
systems that are inadequate when it comes to sati
To understand these solutions is to understand wh
■ Adopt a code of conduct; internal procedures
However, Regtechs may be the only solution to the
ABBREVIATIONS ACPR ADPS AFIC AMF ANSSI ANVAR A
EVM FCPI FCPR FinCEN FISO FMI FNA FTC GAO GDPR
GLOSSARY 3V Volume, Velocity and Variety. Al
Digital disruption or disruptive innovation Any n
Digital currency Digital representation of value,
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