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Pierre-Emmanuel Frogé

Pierre-Emmanuel Frogé

Counsel

Paris

T: +33 (0) 1 44 17 76 21

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Biography

Pierre-Emmanuel is a counsel in BCLP’s Paris office. He has developed strong skills in intellectual property valuation (trademark and copyright management), IT/technology transactions and data protection. He advises French and foreign companies in the negotiation and implementation of complex IT contracts. Pierre-Emmanuel also assists international groups in the implementation of data protection compliance programs, including cross-border data transfers, breach management and relations with supervisory authorities. He is involved in the compliance of digital platforms, particularly in the field of e-commerce, online gaming, entertainment and fintech. In addition, he assists clients in both advisory and litigation matters thanks to his experience in proceedings before regulatory authorities (e.g. CNIL, ANJ, DGCCRF, AMF) or jurisdictions.

He started his career in French firms dedicated to supporting innovators and start-ups. Prior to joining BCLP, he then practiced for several years in Paris in a top ranked English law firm’s TMT department advising international IT developers and marketplaces on strategic and complex technology transactions and data protection issues.

Professional Affiliations

  • Member of Paris Bar Incubator

Spoken Languages

  • English
  • French

Admissions

  • Paris

Education

Master’s degree, audiovisual law, 2008

EM Lyon Business School, Diploma, 2007

UCL in London, LLB, 2006

Related Capabilities

  • Intellectual Property & Technology Disputes

  • Fintech

  • Corporate

  • Finance

  • Investigations

  • Litigation & Dispute Resolution

  • Regulation, Compliance & Advisory

  • Data Privacy & Security

  • Healthcare & Life Sciences

Experience

IT

  • Negotiation, drafting and monitoring of complex IT contracts: integration, outsourcing, software license, data hosting contract, Online Travel Agencies contracts with hotels (OTA), Application Programming Interface license (API), smart contracts.
  • Accompaniment of the commercial activity of digital platforms (BtoC and BtoB): Drafting of contractual documentation (Terms and Conditions) and compliance of the activity of online platforms (protection of online consumers, respect of the particular obligations of online operators, respect of the obligations of the fight against fraud and money laundering, fight against online hate, etc.)
  • Assistance in obtaining approval from the ANJ for online sports betting sites operating in France.
  • Supporting digital platforms in obtaining approvals from the ACPR or the AMF (PSAN).
  • Supporting platforms providing for delivery solutions.
  • Supporting platforms providing for NFTs and implementing solutions built on the blockchain.

Privacy & Data Protection

  • Data protection and exploitation: drafting (realization of DPIA (Data Protection Impact Analysis), drafting of DPA (Data Protection Agreement), realization of Transfer Risk Assessment (TRA), drafting of Binding Corporate Rules (BCR)). Drafting of Privacy notices for digital platforms and online advertising agencies.
  • Cybersecurity: data breach management. Fight against online fraud on digital platforms.
  • Follow-up of technical data recovery operations with the support of judicial and police authorities. Support in the management of the breach with the control authorities and the individuals concerned.

IP

  • Entertainment: Consulting in the distribution of works of art, musical, literary and audio-visual content online. Drafting of licensing agreements for exploitation rights.
  • Due diligence in the context of mergers and acquisitions of innovative companies.
  • Management of trademark portfolios and advice in trademark and copyright infringement litigation.

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