The firm’s multidisciplinary approach enables us to offer in-depth legal counsel regarding the issues that an online service is likely to encounter.
#1 – 🚦 LAUNCH OF A MARKETPLACE
Problem: A customer wants to launch a marketplace allowing its users to buy and sell digital artworks.
Solution: After having legally classified the digital assets from a regulatory point of view, we defined and drafted the entire contractual architecture, supervised the distribution and management of copyrights and ensured that the marketplace complied with all its tax obligations (information, annual summary, declaration).
#2 — 💶 ALTERNATIVE PAYMENT SOLUTION
Problem: A marketplace is experiencing significant difficulties in its relationship with its payment service provider. The marketplace is totally dependent on this provider and cannot collect funds on behalf of its sellers without risking ACPR sanctions.
Solution: We analyzed the different options for the marketplace to manage user payments internally. After discussions with the client, an alternative payment solution was selected. Our team secured this solution by presenting the regulatory limits of the solution, by defining a secure contractual framework and by ensuring compliance in terms of personal data and AML-CTF.
#3 — 🖥 WHITE LABEL SERVICE
Problem: A client offers an online fantasy football game using player image rights and club intellectual property rights. He aims to offer his service (white label) to a third party who would use these same rights.
Solution: Our team was able to rely on its knowledge on intellectual property law and personal data to propose concrete options to the client in order to balance the respect of the clauses of his license and the rights of the persons concerned.
Insofar as the law follows technological achievements, the implementation of an innovative project involves taking risks.
In the absence of a clear legal framework and clear-cut solutions, we offer our research and expertise to all innovative project leaders (start-ups, ETIs and corporate groups) to ensure the security of their developments and minimize their risk.
#1 — 🤝 FORMATION OF A CONSORTIUM
Problem: Several players in the banking sector are developing a collaborative project based on a private blockchain and involving a number of questions on its governance, financing, sharing of responsibilities and intellectual property rights.
Solution: Based on our in-depth knowledge of blockchain technologies, we were able to identify all the legal issues associated with the project, organize the negotiations between the various members and draw up a consortium contract formalizing the distribution of the parties’ rights and commitments and securing the project and its governance.
#2 – 🔫 FISCAL ANALYSIS OF NON-FUNGIBLES TOKENS (NFT)
Problem: A video game publisher wishes to sell game items (weapons, skins, etc.) represented on non-fungible tokens (NFT) using blockchain technology. In this way, its players really become owners of unique and identifiable digital items. However, the client has difficulty identifying the tax consequences of the operation.
Solution: Based on our experience and on our technical knowledge of the blockchain, we wrote a tax analysis of the operation in terms of corporate tax and VAT. To further secure this large-scale project, we carried out the tax ruling procedure and obtained a ruling from the authorities.
#3 —💡 SYSTEM OF PROOF ANALYSIS
Problem: A large corporate group wishes to use a blockchain solution to record data relating to its production line. After having consulted several service providers, the client wondered about the legal value of the proposed technical solutions.
Solution: Our team examined the solutions proposed by these providers before delivering an audit to the client which, with regard to the technologies implemented and the regulations in force, enabled the client to choose the most relevant and least risky service for its project.
Thanks to our unique knowledge of the cryptoassets area, and on the basis of several years of experience, we assist French and foreign cryptos players (exchange, wallet, market maker, DApp, etc.) in defining their compliance strategy (risk mapping, roadmap, compliance).
#1 — 💰 INVESTMENT FUND IN DIGITAL ASSETS
Problem: A company plans to launch a digital assets’ investment fund by receiving subscriptions in bitcoins and would like to determine the legal framework, especially regarding the necessity to obtain an AMF approval, and anticipate the tax impact.
Solution: Our team legally classified the digital asset service project (portfolio management for third parties), presented the legal framework (optional PSAN approval) and proposed a compliance roadmap. After a review of the flows, we presented the tax regimes applicable to the fund and to subscribers as well as the methods for determining the tax base.
#2 — 🚀 TOKEN SALE (ICO)
Problem: A foreign player wishes to provide a major French brand with its white-label token issuing service. For financial and reputational reasons, his client requires prior awareness of all the legal issues relating to this particularly innovative project and needs to anticipate regulatory constraints (ICO visa, financial law, GDPR, etc.).
Solution: By drafting a feasibility memorandum, we were able to demonstrate to our client’s prospect that the legal risks were identified and limited: the issuance of tokens did not require optional AMF approval and did not fall under other financial regimes (such as intermediation in miscellaneous goods). We also established its personal data policy and a risk mapping to guide the project’s advertising communications.
#3 — 🌘 DECENTRALISED FINANCE PROJECT (DEFI)
Problem: A DeFi project providing an aggregation service for decentralized exchange platforms seeks to anticipate the tax consequences of issuing a governance token and to ensure a legal and effective limitation of its liability as an aggregator.
Solution: With the help of its technical expertise and our regulatory knowledge, we advised this project in the design of its token in order to minimize the tax consequences of its issuance, and we contractually provided a strict framework for its liability as data provider and initiator of transactions on the Ethereum blockchain.
We work on behalf of companies and public entities in their public law issues as well as in regulated sectors.
We offer our clients particular expertise in supporting their public projects involving a digital dimension (public procurement of IT services, personal data, open data, online services, video surveillance, etc.).
#1 — 🚘 AUTOMATIC PROSECUTION OF VEHICLES
Problem: A local authority wishes to set up an automated data collection system for recording and verbalizing traffic offenses.
Solution: We advised the local authority to limit the scope of its system and to draw up a roadmap of the regulatory and reporting procedures to be followed to ensure its legality.
#2 — 📘 PUBLIC PROCUREMENT LITIGATION
Problem: The outgoing candidate for a public contract for the legal supply of software and computer services was rejected by the contracting authority on the grounds of irregularity.
Solution: After analyzing the file, we filed a pre-contractual procedure to freeze the award process and obtained the re-examination of the applications.
#3 — ⚙️ DECISION SUPPORT ALGORITHM
Problem: A user has been refused admission to a higher education course by an administrative authority.
Solution: Based on the conditions governing the use of a decision-support algorithm we were able to obtain the withdrawal of the contested decision and the admission of the candidate to the desired training course.
The massive data collection and analysis made possible by connected objects, big data and artificial intelligence lead to increasingly serious potential breaches of users’ privacy.
We support innovative companies and public bodies in the compliance of their projects by relying on the best cybersecurity and privacy standards.
#1 — 💾 PRIVACY IMPACT ASSESSMENT
Problem: A company intends to use a decentralized data storage blockchain protocol to process personal data as part of a large-scale collaborative tool for copyright management.
Solution: In collaboration with the client’s technical teams and Data Protection Officer, we carried out a Privacy Impact Assessment (PIA) of the project including concrete compliance measures before submitting the report to the French Data Protection Authority (CNIL).
#2 — 🎥 PRIVACY BREACHES
Problem: In the context of litigation with a company, an individual was denied his right of access to video surveillance images on which his dismissal was based.
Solution: We obtained a court decision ordering the videos disclosure based on the imperative nature of the right of access.
#3 — 👮♀️ FRENCH DATA PROTECTION AUTHORITY’S (CNIL) CONTROL
Problem: A company was audited by the French Data Protection Authority (CNIL), which detected a major security vulnerability in a tool supplied by a subcontractor.
Solution: We intervened urgently to suggest a legal and technical compliance plan (PSSI) and assist the company throughout the procedure thanks to our complementary skills in public litigation and personal data.
The video game and esport sectors are facing profound legal and regulatory challenges: professionalization, money-in-game, counterfeiting, etc.
In this context, we offer to players in the esport (teams, service providers, competition organisers, or professional players) and gaming sectors (independent studios, streamers, service providers, etc.), our experience and knowledge of the industry.
#1 — 📦 SALE OF IN-GAME ITEMS LOOT BOXES
Problem: An online game publisher wants to sell loot boxes and uses well-known brands in its service.
Solution: Our team carried out an assessment of the risks associated with the loot boxes concerning the French Gambling Authority (ARJEL) regulations and proposed concrete measures to limit the risks and ensure compliance. We also draw up a suitable contractual framework (licensing agreement).
#2 — 🎰 ONLINE BETTING OPERATORS SPONSORING
Problem: As part of a funding project, an esport company wishes to know the risks and benefits involved in a sponsorship relationship with a gambling operator located abroad.
Solution: After an in-depth study of the applicable legal framework, we established the operation risk mapping, including several economic schemes and different means, for our client to make the best choice.
#3 — 🎮 LEGAL STRUCTURING OF A VIDEO GAME STUDIO
Problem: An independent video game studio wishes to structure itself and open the capital to a foreign investor.
Solution: Our team supported this studio in the incorporation of its structure, advised it on legal issues related to the launch of the activity (service provision contract, IP, etc.) as well as in formalizing the foreign investment (SAFE).