Creating a website involves many stages prior to its launch; our lawyers have extensive expertise in all the legal problems you may encounter, from design of the site to its publication.
Choice of name for your website
First of all, a name needs to be chosen for the website, which is not a simple matter: it is essential enlist the help of a competent lawyer to carry out an availability analysis of the desired name in order to be able to register it as a domain name and trademark with the INPI.
In cases where a third party holds the domain name corresponding to the proposed name for your site, we will assist you on a strategy to enable you to use it, if possible. For example, we draw up and negotiate assignment agreements or domain name licencing agreements. In cases of cybersquatting, we can assist you in alternative dispute regulation procedures such as the UDRP procedure, or the Syreli procedure.
The course of action is the same for trademarks. In the event that the name you are considering for your website has been registered as a trademark with the INPI, we can identify the risks which you will be exposed to if you wish to retain your initial name choice. According to the level of risk, we can advise you on a strategy to pursue, and can draft and negotiate a coexistence agreement, a trademark assignment or licencing agreement, in order to preserve your original plans.
Ownership of copyright to your website
During your site’s design phase, we can assist you on your relationship with the various contributors to your website, such as IT developers and graphic designers. For this purpose, our lawyers can draw up and negotiate a website development contract or graphics charter, or review the contract already in force with your service provider, if required.
It is during this phase that the copyright assignment agreement must be concluded with these service providers, the goal of which is to enable you to hold these rights in order to be able to use the website which is created. This type of contract must be drafted with particular care because, in the event of failure to comply with the requirements of the Intellectual Property Code in this area, this contract will not be valid and you will expose yourself to the risk of infringement.
Designing the user path of your website
Where e-commerce sites are concerned, our lawyers can assist you in defining the “user path” of your website, in order to comply with the legal provisions in the area of contracts concluded online.
Protection of personal data collected through your website
Prior to site launch, the processing of personal data collected via the site should be audited in order to meet the preliminary formalities required by the CNIL (e.g. simplified declarations, standard declarations, applications for authorisation, etc.). It is also necessary to check that your site complies with legal requirements regarding the protection of personal data, in particular with regard to user information. To do this, we can prepare a privacy statement to include on your site, or even Charters for managing personal data protection, or Management charters for cookies and other trackers.
General Conditions of Use/Sale and e-commerce
It is essential to draw up GCUs or GCSs for users to accept, be they consumers or professionals. For e-commerce sites intended for consumers, these GCUs must, in particular, lay down the online purchase conditions and take into account the specific provisions of the Consumer Code. As far as professional users are concerned, it will be in the interest of your company to properly define the scope of your obligations and responsibilities through the GCSs, especially to limit your liability.
At the stage of site use, our lawyers can also assist you in monitoring your commercial operations, for example by drawing up competition rules.