Pierre-Emmanuel Froge

Pierre Emmanuel Froge
  1. People /

Pierre-Emmanuel Froge

Pierre-Emmanuel Froge

Counsel


Paris
Pierre Emmanuel Froge
  1. People /

Pierre-Emmanuel Froge

Pierre-Emmanuel Froge

Counsel


Paris

Pierre-Emmanuel Froge

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 Practice Areas

  • Intellectual Property and 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.

Related Insights

Insights
Dec 23, 2024

European Data Protection Board's Opinion on AI Models

On 17 December 2024, the European Data Protection Board (EDPB) adopted its opinion on certain data protection aspects related to the processing of personal data in the context of AI models (Opinion). The Opinion comes as a response to the Irish supervisory authority’s (Irish SA) request. The Irish SA’s request made to the EDPB was prompted due to the current lack of harmonisation amongst supervisory authorities when it comes to assessing AI models and addresses key components of an AI model such as training, updating, developing and the operation of AI models where personal data is part of the dataset. The Irish SA posed four specific questions as part of the request which covers: Anonymity in AI models where personal data has been used to train the model; The appropriateness of relying on legitimate interest as a lawful basis and how this can be demonstrated; and The continued use of an AI where unlawfully processed data sets have been used to create, update or develop an AI model. We cover each of these themes in turn below.
Insights
Dec 06, 2024

What is the impact of the EU's new Network and Information Systems Directive for Businesses?

Forming part of the EU’s broader digital and cyber security strategy, the new Network and Information Systems Directive 2022/2555 (NIS2) came into effect on 18 October 2024 (this being the deadline by which the directive is required to be implemented into national law, although this process is not yet complete).  It replaces NIS Directive 2016/1148 and complements the EU’s Cyber Resilience Act (discussed in a recent BCLP insight).  The revised directive is intended to cast a wider net and bring more industries and sectors directly within its regulatory remit.  In-scope businesses will therefore need to ensure appropriate risk-management procedures are embedded across their organisations.  Senior management also need to understand the oversight which they are required to exercise, given the personal liability for cybersecurity failings which NIS2 now mandates.   
Insights
Nov 25, 2024

Key insights on the EU Cyber Resilience Act – what businesses need to know

The Cyber Resilience Act (CRA) is a groundbreaking piece of legislation designed to enhance the cybersecurity of digital products and services made available in the EU. Published last week in the Official Journal of the European Union, it marks the start of a phased 3 year implementation period.  The CRA aims to strengthen the resilience of the EU’s digital economy by imposing stricter requirements on manufacturers, importers, and distributors of products or software with a digital component and will therefore have significant compliance consequences for businesses.
Insights
Sep 03, 2024

AI Surveillance and Data Privacy at the Games

As the Paris 2024 Summer Olympic and Paralympic Games (the “Games”) turn onto the final straight, the Games have yet again captured widespread global attention, on and off the track. With over 15.3 million visitors in Paris this summer for the Games, data security has emerged as a critical concern. To enhance the safety of athletes, spectators and residents, the French government implemented specific measures, including a bill relating to the Games (the “OG law”), a legislative measure passed on 19 May 2023, to bolster security during the Games[1]. The “OG law” introduces advanced security measures, notably the use of experimental algorithmic video surveillance systems. This article focuses on the deployment of these augmented surveillance systems during the Games and examines the associated GDPR compliance and privacy dilemmas that subsequently arise. 
Insights
Jun 27, 2024

Analysing the CNIL’s latest recommendations for AI systems

Following the very recent adoption of the EU Regulation on AI (the AI Regulation) the CNIL (the French data regulator) has issued the second in its series of recommendations for the development of privacy-friendly AI models. This forms part of the CNIL's work to make players in the AI ecosystem more accountable, following its issue of its first recommendations on 8 April 2024. Although these new recommendations are open for public consultation until 1 September 2024, they provide for a useful guidance for AI systems developers, as well as an early indication of the CNIL’s regulatory direction of travel.  And in developing this guidance, the CNIL is also establishing itself as the most advanced supervisory authority in Europe in terms of the adoption of a regulatory regime designed to promote the development of AI whilst respecting personal data rights.

Related Insights

Insights
Dec 23, 2024
European Data Protection Board's Opinion on AI Models
On 17 December 2024, the European Data Protection Board (EDPB) adopted its opinion on certain data protection aspects related to the processing of personal data in the context of AI models (Opinion). The Opinion comes as a response to the Irish supervisory authority’s (Irish SA) request. The Irish SA’s request made to the EDPB was prompted due to the current lack of harmonisation amongst supervisory authorities when it comes to assessing AI models and addresses key components of an AI model such as training, updating, developing and the operation of AI models where personal data is part of the dataset. The Irish SA posed four specific questions as part of the request which covers: Anonymity in AI models where personal data has been used to train the model; The appropriateness of relying on legitimate interest as a lawful basis and how this can be demonstrated; and The continued use of an AI where unlawfully processed data sets have been used to create, update or develop an AI model. We cover each of these themes in turn below.
Insights
Dec 06, 2024
What is the impact of the EU's new Network and Information Systems Directive for Businesses?
Forming part of the EU’s broader digital and cyber security strategy, the new Network and Information Systems Directive 2022/2555 (NIS2) came into effect on 18 October 2024 (this being the deadline by which the directive is required to be implemented into national law, although this process is not yet complete).  It replaces NIS Directive 2016/1148 and complements the EU’s Cyber Resilience Act (discussed in a recent BCLP insight).  The revised directive is intended to cast a wider net and bring more industries and sectors directly within its regulatory remit.  In-scope businesses will therefore need to ensure appropriate risk-management procedures are embedded across their organisations.  Senior management also need to understand the oversight which they are required to exercise, given the personal liability for cybersecurity failings which NIS2 now mandates.   
Insights
Nov 25, 2024
Key insights on the EU Cyber Resilience Act – what businesses need to know
The Cyber Resilience Act (CRA) is a groundbreaking piece of legislation designed to enhance the cybersecurity of digital products and services made available in the EU. Published last week in the Official Journal of the European Union, it marks the start of a phased 3 year implementation period.  The CRA aims to strengthen the resilience of the EU’s digital economy by imposing stricter requirements on manufacturers, importers, and distributors of products or software with a digital component and will therefore have significant compliance consequences for businesses.
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BCLP advises OrbiMed on restructuring and financing agreement with listed company Poxel
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Sep 03, 2024
AI Surveillance and Data Privacy at the Games
As the Paris 2024 Summer Olympic and Paralympic Games (the “Games”) turn onto the final straight, the Games have yet again captured widespread global attention, on and off the track. With over 15.3 million visitors in Paris this summer for the Games, data security has emerged as a critical concern. To enhance the safety of athletes, spectators and residents, the French government implemented specific measures, including a bill relating to the Games (the “OG law”), a legislative measure passed on 19 May 2023, to bolster security during the Games[1]. The “OG law” introduces advanced security measures, notably the use of experimental algorithmic video surveillance systems. This article focuses on the deployment of these augmented surveillance systems during the Games and examines the associated GDPR compliance and privacy dilemmas that subsequently arise. 
Insights
Jun 27, 2024
Analysing the CNIL’s latest recommendations for AI systems
Following the very recent adoption of the EU Regulation on AI (the AI Regulation) the CNIL (the French data regulator) has issued the second in its series of recommendations for the development of privacy-friendly AI models. This forms part of the CNIL's work to make players in the AI ecosystem more accountable, following its issue of its first recommendations on 8 April 2024. Although these new recommendations are open for public consultation until 1 September 2024, they provide for a useful guidance for AI systems developers, as well as an early indication of the CNIL’s regulatory direction of travel.  And in developing this guidance, the CNIL is also establishing itself as the most advanced supervisory authority in Europe in terms of the adoption of a regulatory regime designed to promote the development of AI whilst respecting personal data rights.
News
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Auction of personal data: clarification of the concepts of personal data and data controller
Insights
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Castelbajac saga: can the misleading use of a patronymic trademark by its assignee be sanctioned by its revocation for deceptive use?