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ITC Team: Number One in IT, Internet and Data Protection - Chambers Global & Legal 500 2020

We assist you in contractual, regulatory and litigation matters, in your innovative, complex and often international projects, digital transformation, electronic communication, personal data and cybersecurity.

Our team offers you a series of tips and tricks under fact sheets format in the areas of cyber surveillance, data protection (GDPR / ePrivacy), IT contract negotiation, E-commerce platforms and Tech investments.

Please contact us for any further information: par-itc@bakermckenzie.com

Please note, the fact sheets are only available in French. 

Cybersecurity

Teleworking and cyber monitoring of employees

With the increase of employees working from a home office, many employers are implementing cyber-monitoring measures for employees working from home. Data loss prevention software, recording of video-conferences, checking the history of websites visited: here are a few "tips and tricks" before getting started.


 

Cybersecurity: How to react in case of data breach?

Pandemic and working from a home office can be synonymous with reduced vigilance or of a lack of organisation. The risks of data breaches increase accordingly. We remind you of some good reflexes to have.


 

Cybersecurity: After two years of the GDPR application, what is the European record on security breach notification?

Two years of the GDPR have provided an opportunity to make a European assessment of the violation notification practices. Which sectors are the most affected? Are violations more often result of an external attack or an internal error?


 

Cybersecurity: What personal responsibility for the director in case of attack?

Victim of a ransomware attack, a company suddenly sees its activity paralysed and some of its most sensitive data disclosed on the dark web. The damage is considerable. Focus on the personal responsibility of the CEO.


Data Privacy

EU Data Legislation Tracker (as of Jan. 11, 2023)

If you are having trouble following new EU acts applying to businesses providing and/or using data in the private sector, the new Baker McKenzie Tips & Tricks published by our team is definitely for you!

What does it cover? Our EU Data Legislation Tracker comprises new industry neutral EU legislative texts & initiatives that came across our radar in 2022 applying to data. It includes an analysis of the status of procedure and key elements of the following identified data driven EU legislative acts.

In the Data Protection (GDPR / ePrivacy) series, we bring you an important episode dedicated to the 6 steps to be implemented according to the EDPS in order to ensure the validity of the relating to the analysis of data transfers following the Schrems II decision of the CJEU.

GDPR - Top Three Priorities

The current pandemic may be an opportunity to strengthen privacy initiatives. Our ITC team reveals the top 3 priorities of our "GDPR Survey - Benefits Beyond Compliance", published in partnership with BearingPoint, and how they fit into the current situation.


E-Commerce Platforms

Compliance of your e-commerce platform: Decryption

Timeline - Every week, find our tips and practical information

Episode One: Main mandatory legal mentions of your e-commerce platform


 

Episode Two: How to define the applicable law to your e-commerce platform


 

Episode Three: The General Terms & Conditions of Sale and Services of your platform - Necessity and opposability

There is a lot of information to be communicated in the General Terms & Conditions of Sale and Services. However, users should not be drowned in too much legal documentation.


 

Episode Four: Legal Design – How to improve the user experience and transparency of information


 

Episode Five: Cookies and social plugins - Practical insights from recent legal news


 

Episode Six: Payment systems and security - The implementation of the PSD2 directive 

Main obligations, key deadlines and to-do list.



Episode Seven: Settlement platform 2 business - Rebalancing the relationship between platforms and sellers



Episode Eight: E-commerce platforms: mapping of applicable regulations

Episode Nine: Technical intermediaries (hosts and publishers) - Principles and outlook for evolution


 

IT Contract Negotiation

Episode One: How do you negotiate... the change-of-service clause in a SaaS contract?

In SaaS (software-as-service) contracts, the change of service clause is often the subject of a long discussion. Customers want a guarantee that the changes will not negatively impact the services they receive, while the provider wants to retain full discretion over its editorial policy.



Episode Two: How to negotiate... Security clauses in IT contracts?

In IT contracts, security clauses are often the subject of a long discussion. Each party wants to impose its own security standards.



Episode Three: How to negotiate... a "Service Level Agreement"?

In IT contracts, clauses relating to the setting and respect of service levels are often the subject of lengthy discussions. Each party wishes to impose its own criteria and performance measures - and their sanctions if they are not met.



Episode Four: How to negotiate... an acceptance clause?


In IT contracts, acceptance clauses are often the subject of long discussions. The service provider wants to limit and simplify the acceptance procedure while the client wants an extensive verification before pronouncing the acceptance.



Episode Five: How to negotiate… a termination clause?

Termination clauses in IT contracts are often subject to lengthy discussions. The client wanting to ensure that multiple termination options are available and the provider wishing to limit them.


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