Data protection is nowadays a real issue for a company. However, data do not have a general autonomous protection regime, except for personal data. 

Nevertheless, different ways of protecting data can be considered. 

Taken individually, data can be subject to autonomous protection regimes provided by the Intellectual Property Code, such as copyright. 

Taken as a whole, they may be subject to the protection of the rights of database producers provided for by the Intellectual Property Code. 

Finally, data may be considered as information that may be protected by trade secrets regulations provided for by the Commercial Code, or by means of specifically drafted contractual stipulations, such as a confidentiality agreement.

JP Karsenty's teams will analyse and understand your needs in terms of data protection and define with you the most appropriate protection strategies.

The Data Protection team is headed by Jean-Philippe Arroyo, who is also a member of the “Association Française des Correspondants à la Protection des Données Personnelles” (A.F.C.D.P.), and of the “Association pour le Développement de l’Informatique Juridique” (ADIJ).

Legal works in this area

Contractual – Consulting

  • Analysis of a company’s data typologies and determination of the appropriate protection methods for each category of data
  • Drafting and negotiating confidentiality agreements, or “Proof of Concept” agreement framing the disclosure of data
  • Drafting and negotiating contractual clauses intended to protect the data of a company in the context of its contractual relationships with third parties and potential disclosure of data to such third party

Pre-litigation – Litigation

  • Analysis of illegal or illicit appropriation or use of data by third parties and determination of the actions to be taken to stop these misappropriations or misuses and to obtain compensation for the damage caused
  • Drafting of any procedural document, as plaintiff or defendant, before the courts in matters of data protection
  • Assistance in the context of IT expertise proceedings

Track records

  • Analysis of the data typologies of a company specialised in the automated quantification of automobile damages and determination of the data protection modalities used for this quantification in network with third party companies
  • Drafting of a “Proof of Concept” or “PoC” contract for a company specialized in pharmaceutical packaging providing protection of data disclosed to another company in the context of feasibility tests for a project
  • Drafting of a confidentiality agreement for a company that publishes IT decision support solutions in the agricultural field, in order to frame the start of negotiations with another company and the potential disclosure of data to such a company
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