These days, digitalization is essential for companies in France and elsewhere wishing to offer their products and/or services to the public — especially in the midst of the current COVID-19 health crisis. The following five “rules” can help:
Rule 1: Contractually supervise the IT developments of a third party. In particular, businesses should define project and technical specifications; establish a clear schedule and a steering committee; supervise the validation of IT developments and deliverables; determine ongoing maintenance responsibilities; pay special attention to the limitation of liability clause; and include a confidentiality clause to protect the business’ innovations.
Rule 2: Ensure that IP rights associated with the project are assigned to your benefit. In France, assignment of intellectual property rights is rarely automatic and typically arise only when software and collective works are created within the framework of an employment contract. Companies should expressly and formally provide for the assignment of property rights.
Rule 3: Anticipate and comply with personal data collection regulations. Policies and processes must be implemented to ensure compliance with the EU General Data Protection Regulation (GDPR) and national data-protection laws.
Rule 4: Fulfill the duties assigned to e-commerce participants. In Europe and elsewhere, e-commerce is governed by certain rules, including requirements covering website designs and applications, delivery restrictions, etc.
Rule 5: Preserve your e-reputation. Everywhere, especially on the internet, business reputation is paramount. Companies should monitor what is being said about them online and take fast action to correct errors or negative reviews.
For more detailed information on these and other tips for expanding and protecting your digital presence, click here to read the blogpost by Corinne Thiérache and Carole Bui of Ally Law member firm Alerion Avocats.