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 Frogé intervient en matière de valorisation de la propriété intellectuelle (gestion des marques et des droits des auteurs), de transactions informatiques/technologiques et de protection des données. Il conseille des entreprises françaises et étrangères dans la négociation et la mise en œuvre de contrats informatiques complexes. Pierre-Emmanuel Frogé accompagne également des groupes internationaux dans la mise en œuvre de programmes de conformité en matière de protection des données, y compris les transferts de données transfrontaliers, la gestion des failles de sécurité et la relation avec les autorités de contrôle. Il intervient dans la mise en conformité des plateformes numériques, plus particulièrement dans les domaines du commerce électronique, des jeux en ligne, du divertissement et des fintech.

Il assiste enfin ses clients tant en conseil qu’en contentieux dans les procédures menées devant les autorités de régulation (CNIL, ANJ, DGCCRF, AMF) ou les juridictions en France et à l’étranger.

Il a débuté sa carrière dans des cabinets français spécialisés dans l’accompagnement des start-ups et des acteurs de l’innovation. Avant de rejoindre BCLP, il a exercé pendant plusieurs années à Paris dans le département TMT d’un cabinet anglo-saxon de premier plan, conseillant des développeurs et acteurs internationaux du marché informatique sur des transactions technologiques stratégiques et complexes ainsi que sur des questions de protection des données.

Civic Involvement & Honors

Membre de l’Incubateur du Barreau de Paris

Professional Affiliations

  • Member of Paris Bar Incubator

Spoken Languages

  • English
  • French

Admissions

  • Paris

Education

Master II, droit de l’audiovisuel, Université Paris I Panthéon-Sorbonne

Diplômé de l’EM Lyon Business School

LLB, UCL de Londres

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
Feb 17, 2025

Mobile apps: What does the CNIL recommend from a privacy perspective?

While mobile apps have become one of the major means of access to digital services, their ubiquity is accompanied by significant risks to users' privacy, due to the massive amount of personal data they collect and process. Last September the Commission Nationale de l'Informatique et des Libertés (CNIL) published a set of recommendations to improve compliance of mobile apps with data protection rules. These clarify the obligations of the various stakeholders and set out best practices in the mobile app ecosystem. The recommendations are structured to distinguish between requirements which are mandatory and those which are best practice and are arranged by category of the entity involved in the mobile app value chain, with practical checklists for assessing and documenting compliance.  We unpack the key recommendations by the five main categories:   publishers; developers; software development kit (SDK) providers; operating system (OS) providers; and app stores.
Insights
Feb 06, 2025

Information Commissioner's open letter to the UK Prime Minister - Key Takeaways

On 16 January 2025, in an open statement and letter, the UK Information Commissioner, John Edwards, responded to the December 2024 letter from the UK Prime Minister, the Chancellor, and the Business Secretary. He set out the ICO25 strategic plan and highlighted a few interesting points. The plan confirms that responsible innovation and sustainable economic growth are core strategic objectives for the data protection regulator. Additionally, the importance of data protection and information rights are noted as essential building blocks for the ICO’s strategic plans, as they ensure public trust and consumer confidence alongside offering businesses security and certainty upon which to build for the future.
Insights
Jan 21, 2025

CNIL Strategic Plan 2025

Insights
Jan 14, 2025

EMEA- Data Privacy, Digital and AI Round Up 2024/2025

As expected in the data privacy and digital space, 2024 shaped up to be a year full of guidance, consultations, regulatory focus areas and legislative updates. Artificial Intelligence (AI) remained a hot topic with advertising technology (AdTech) closely following its heels. With the blizzard of global data protection developments continuing unabated in 2024 with no doubt more to come in 2025, it is a good moment to look back at what 2024 held for businesses as well as to consider what 2025 may hold in the EMEA region.
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. 

Related Insights

Insights
Feb 17, 2025
Mobile apps: What does the CNIL recommend from a privacy perspective?
While mobile apps have become one of the major means of access to digital services, their ubiquity is accompanied by significant risks to users' privacy, due to the massive amount of personal data they collect and process. Last September the Commission Nationale de l'Informatique et des Libertés (CNIL) published a set of recommendations to improve compliance of mobile apps with data protection rules. These clarify the obligations of the various stakeholders and set out best practices in the mobile app ecosystem. The recommendations are structured to distinguish between requirements which are mandatory and those which are best practice and are arranged by category of the entity involved in the mobile app value chain, with practical checklists for assessing and documenting compliance.  We unpack the key recommendations by the five main categories:   publishers; developers; software development kit (SDK) providers; operating system (OS) providers; and app stores.
Insights
Feb 06, 2025
Information Commissioner's open letter to the UK Prime Minister - Key Takeaways
On 16 January 2025, in an open statement and letter, the UK Information Commissioner, John Edwards, responded to the December 2024 letter from the UK Prime Minister, the Chancellor, and the Business Secretary. He set out the ICO25 strategic plan and highlighted a few interesting points. The plan confirms that responsible innovation and sustainable economic growth are core strategic objectives for the data protection regulator. Additionally, the importance of data protection and information rights are noted as essential building blocks for the ICO’s strategic plans, as they ensure public trust and consumer confidence alongside offering businesses security and certainty upon which to build for the future.
Insights
Jan 21, 2025
CNIL Strategic Plan 2025
Insights
Jan 14, 2025
EMEA- Data Privacy, Digital and AI Round Up 2024/2025
As expected in the data privacy and digital space, 2024 shaped up to be a year full of guidance, consultations, regulatory focus areas and legislative updates. Artificial Intelligence (AI) remained a hot topic with advertising technology (AdTech) closely following its heels. With the blizzard of global data protection developments continuing unabated in 2024 with no doubt more to come in 2025, it is a good moment to look back at what 2024 held for businesses as well as to consider what 2025 may hold in the EMEA region.
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.
News
Oct 09, 2024
BCLP advises OrbiMed on restructuring and financing agreement with listed company Poxel
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.