Presentation
The students of the Gaming Campus (Paris) – G.Tech course, dedicated to the professional specialization of computer programming – received for a week a legal seminar given by Maitre Chomiac de Sas on the theme of new technologies, communication law and computer software.
Digital Law: Creation, Distribution & Liability for Online Content
The constant evolution of digital technology and societal practices is addressed legally through a process of co-regulation involving all stakeholders in shaping observed practices before the legislative implementation of best practices recognized by professionals.
Digital law, formerly known as the law of new information and communication technologies (ICTs), is precisely based on the analysis and classification of observed uses in order to determine the application of the potentially applicable legal framework(s).
Gaming Tech Training – Digital Law and New Technologies (ICT)
Committed to a practical approach to teaching ICT law, the training provided by Mr. Chomiac de Sas aims to impart useful knowledge to future professionals. In this context, the course begins with an overview of the various aspects of law related to digital law: communication, the internet, advertising, personal data and GDPR, intellectual property, software, and applications.
Furthermore, practical examples linked to industry activity bring to life the legal challenges faced by digital players: the liability of hosting providers such as Twitter, eBay, and Pornhub; artificial intelligence; intellectual property protection; video game monetization systems and esports competitions; influencers and dropshipping; cybersecurity and cyberattacks; and more.
Recent developments regarding the use of third-party authentication services on the internet, such as the France Connect platform, particularly for access to websites for those under 18, were presented in greater detail. The sensitive issue of cyberbullying of minors and the fight against online harassment, which has resulted in particularly harsh sentences (Marvel Fitness case), were also discussed.
Congratulations again to the students of @GamingCampus for their involvement in projects related to new technologies on fascinating topics, including advertising on TikTok, Nintendo’s intellectual property, commercial agreements for video game streaming, the protection of music in video games, fan games and their tolerance by publishers, the intellectual property of products created by developers, and more.
Presentation
Following the success of the training provided earlier this year by the Entrepreneurial Bar Association,
Pierre-Xavier Chomiac de Sas (PCS Avocat) once again joined forces with Maître Débora Cohen (DC Avocat) to lead a training session for lawyers of the Paris Bar on the topic of social media.
Lawyers and social media: the rules of lawyer communication
Gradually liberalized in the 2010s, the legal profession now enjoys a level of freedom in its advertising and communication similar to that of other commercial companies. Subject only to the limitations associated with its status as a regulated profession, lawyers are bound in their communications to respect professional secrecy on the one hand, and the essential principles guiding the profession, as set forth in Article 1.3 of the National Internal Regulations:
“The essential principles of the profession guide the conduct of lawyers in all circumstances.
Lawyers perform their duties with dignity, conscience, independence, integrity, and humanity, in accordance with the terms of their oath.
In this practice, they also respect the principles of honor, loyalty, equality* and non-discrimination*, impartiality, collegiality, tact, moderation, and courtesy.
They demonstrate competence, dedication, diligence, and prudence towards their clients.”
Article 10, which specifically governs lawyer communication, reiterates the applicable provisions—based on legal principles, notably the Consumer Code, the Penal Code, and regulations concerning the GDPR and personal data protection.
In summary, the following are mandatory: identification of the lawyer publishing online and on social media, strict adherence to truthful and fair information, and the prohibition of certain statements:
- “Any false or misleading advertising;
- Any comparative or disparaging statement;
- Any statement likely to create the impression in the public mind of a non-existent practice structure and/or an unrecognized professional qualification;
- Any reference to functions or activities unrelated to the practice of law, as well as any reference to judicial functions.”
Lawyers & Social Media: A Vademecum & Practical Guides for Lawyers
The application and interpretation of applicable laws and regulations regarding advertising have led the professional bodies – the National Bar Council and the Paris Bar Association – to offer their colleagues practical guides and handbooks designed to inform them about the applicable practices and rules, including:
- Handbook – Lawyer Communication – CNB 2nd edition.
- Handbook – Lawyer Digital Communication – 2020 – Paris Bar Association
Given the success of these guides, which aim to clarify the rules in force and the current state of legal doctrine on these issues, the Paris Bar Association is currently finalizing a practical guide for lawyers on social media. Topics to be covered include various practices related to lawyers’ communication on social networks, notably:
- the presentation and content of professional social media accounts
- statements made by lawyers in the context of defending their clients’ interests
- lawyers’ appearances in audiovisual media and on social networks as experts
- lawyers’ freedom of expression and tone
- publications relating to the lawyer’s clients
- the creation of live and streaming content by lawyers on social media.
The lawyer on social media
Widely accepted and integrated into the contemporary business world, the use of social media raises legitimate questions related to lawyers’ communication strategies.
Issues related to the choice of social network, the type of content offered—images, audio, text—and the motivations and purpose of these posts—promotion, information, networking, etc.—are all elements that lawyers must prepare before embarking on content creation, which can prove time-consuming.
The pitfalls associated with the shift from “lawyer-influencer” to “lawyer-influencer” raise specific issues related to the risks of blurring the lines between professional and private life, the risk of cyberbullying of high-profile lawyers, and the impoverishment of content driven by the algorithms’ attempts to optimize search engine ranking, visibility, and consequently, the number of followers.
Social media and lawyers – Entrepreneurial Bar Association training
The training was attended by over 350 lawyers participating online. This significant number allowed for both addressing the practical and insightful questions of colleagues and demonstrating the profession’s clear interest in understanding and integrating these new communication channels.
The issue of using clients’ names and the content of cases handled by law firms for promotional purposes was raised repeatedly, highlighting the practices of certain law firms. Originating from the practice of Anglo-Saxon firms in M&A, the lawyer’s client base is compromised by professional secrecy.
As a reminder, breach of professional secrecy constitutes a criminal offense punishable under Article 226-13 of the French Penal Code:
“The disclosure of confidential information by a person who is entrusted with it by virtue of their position or profession, or by reason of a temporary function or mission, is punishable by one year of imprisonment and a fine of €15,000.”
While legal or jurisprudential exceptions are permitted, it appears impossible under current legislation to consider, even with the client’s agreement, that the lawyer’s personal promotion could constitute an acceptable exception to the violation of professional secrecy.
Paris Bar Association – Digital Law Training
This presentation concludes a series of training sessions led by Débora Cohen and Pierre-Xavier Chomiac de Sas, which began in early 2023 and addressed the topics of new technological practices among lawyers and cybersecurity for law firms.
Find the replay of the online training session on the Entrepreneurial Bar Association website.
Validated for Continuing Professional Development (CPD). Registration is mandatory and subject to availability. Automatic validation for online sessions lasting 75% or more of the total training duration.
Presentation
Ms. Chomiac de Sas participated alongside Clémence Amara in the presentation of the Paris Bar Incubator in the latest newsletter.
Alongside Matisse Belusa, co-founder of Quantum, a software program for calculating personal injury damages selected and incubated by the Paris Bar Incubator in 2021, and Amaury Sonet, a member of the Bar Council, the presentation offered a range of perspectives on the innovative program established in 2018 by the Paris Bar.
It was also an opportunity to share the Incubator’s vision for the evolution of the legal profession.
Read the full article.
Paris Bar Incubation Program
The first edition of the IBP incubation program was launched in May 2018. Open to all, the Incubator selects projects created by Parisian lawyers based on their innovative nature, ethical standards, and usefulness to the profession and/or the public.
Once the call for applications is launched and the applications are received, the projects are reviewed and shortlisted by IBP members and the Bar Association’s Ethics Committee.
Following a presentation before a jury composed of members of the IBP, the digital and ethics committees, and the Bar Council, the selected projects join the IBP for a support program.
After several years, and based on feedback from the incubated lawyers, we are considering extending support for projects during their investment and expansion phases through various mechanisms currently under consideration.
An evening event is planned for November 8th at the Maison du Barreau during which incubatees will pitch to potential investors and people from the ecosystem.
Paris Bar Association Incubator: Benefits of the program for startups
Keen to engage with the digital transformations impacting all economic sectors, the IBP is developing a center of expertise on digital topics to benefit professional bodies, all members of the legal profession, and the public through technical publications and training throughout the year.
The various editions of the “Legaltech Night,” organized by the IBP, provide an opportunity to showcase the latest trends and achievements of lawyers in this field. The next edition will take place on February 8, 2024, at the Cloud Business Center.
Legaltechs: What are the trends of yesterday and tomorrow?
Following the surge in interest fueled by both the “uberization” of society and the authorization for lawyers to engage in related and ancillary commercial activities, we are now analyzing a concentration of digital projects undertaken by law firms and software publishers in the legal tech sector.
From independent, paperless, and widespread solutions, we are witnessing more precise and technical offerings based on tools that assist and accelerate law firm services—decision support, document preparation and drafting, etc.—in order to free up their clients’ time for their primary added value: legal advice.
These trends have been particularly pronounced in highly specialized areas of law firm practice—franchising, GDPR compliance, amicable divorce, cyberattacks, etc.
Innovation Award 2023
The Innovation Prize organised by the Paris Bar Incubator aims to support and encourage innovative initiatives that comply with the ethical rules of the legal profession and contribute to improving access to law and justice services.
Presentation
Held on October 5 and 6, 2023 at the Palais des Congrès (Paris), the latest edition of the Rendez-vous Transformation du Droit allowed several thousand professionals in the legal sector to meet, present and exchange ideas on topics related to digital technology.
Transfodroit event – Legaltech, compliance & Legal Design
With 80 exhibitors, the conference and workshop program includes a variety of presentations on innovative technical solutions related to Legaltech, compliance, legal design, training, and more.
Committed to legal innovation, the Paris Bar Incubator participated on October 6th, represented by Pierre-Xavier Chomiac of Sas, PCS Avocat, and David Di Mascio, Head of Information Systems Security for the Paris Bar.
Lawyers & Cybersecurity – Identifying and Protecting Law Firms
Their training session, entitled “Lawyers & Cybersecurity,” presented the realities of the digitalization of the legal profession and the inherent risks of using technical and digital tools, particularly in the areas of cybersecurity and cyberattacks.
Praised by several audience members, the presentation went beyond simply outlining the dangers of the digital world, offering practical and effective solutions in terms of tools, procedures, and documentation to help lawyers anticipate, prepare for, and implement the consolidation of their practices.
The speakers shared their experiences in crisis management during cyberattacks, discussing the challenges and responses to such situations—both technical and legal.
Find all the information and training courses offered by the firm on cybersecurity.
Presentation
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Conference – Intellectual Property & Esports
On September 26, 2022, at the Paris Bar Association, the CEIPI Masters Association (AM CEIPI) and the Open Commission on Intellectual Property Law (COMPI) organized a symposium dedicated to the challenges facing sports and intellectual property.
In this context, the topic of esports, or video game competitions, was presented by a panel of speakers including Magalie Dorado (Game&Rules Agency), Member of Parliament Denis Masséglia, and Pierre-Xavier Chomiac de Sas.
Their presentation outlined the legal framework of esports, identified the legal issues related to the various stakeholders involved, and presented the legislative and political challenges of its development.
Esports & video game competitions – Regulating practices
PCS Avocat, a law firm specializing in digital law, has been involved in the esports sector for about ten years, offering several publications and legal analyses on the regulation of the practice, culminating in the publication of a book dedicated to industry professionals: Presentation
Also a lecturer for the past five years at various universities and specialized schools in these fields, Mr. Chomiac de Sas was able to present his expertise at the conference, assisting and advising all stakeholders in the sector: video game publishers, esports players and organizations, event organizers, and broadcasters of competitions.
On August 18, 2023, Maître Chomiac de Sas had the pleasure of speaking with Le Figaro (Amélie Com) and sharing his expertise on the issue of fake streams on online music platforms, including Spotify, Deezer, Apple Music, and others.
A major challenge for these platforms, the counting of streams is gradually pushing some players to resort to abusive and illegal practices in order to optimize the visibility of certain content and, consequently, increase the collection of royalties for intellectual property rights.
Read the full article on the Figaro website:
On July 6, 2023, Ms. Chomiac de Sas spoke at the Association of Communication Consulting Agencies as part of their legal morning session.
Addressing legal issues related to agencies’ use of artificial intelligence tools, the presentation fostered a rich exchange on the legal challenges faced by professionals, and included an overview of the intellectual property issues surrounding works generated by ChatGPT, Midjourney, and other modern conversational content-generating tools.
Law, Intellectual Property & Artificial Intelligence
The session also presented the first legal cases in this area, raising questions about related rights and the rights of third parties whose works were used to train the machines.
The intellectual property of works, the ownership of rights, the contractual framework for their use in the relationship with advertisers are all issues that professionals must anticipate in the transition of practices and the increasing use of these new types of tools.