Formation/Cours

1ST PART. FRENCH LAW FOR E-CONTRACTS

During the course, students will :

– get acquainted with the legal rules that govern the protection of personal data : the EU General Data Protection Regulation 2018

– solve moot cases relating to personal data issues

– get acquainted with the French legal rules that govern the internet

– get acquainted with the French legal rules that govern intellectual property

– get acquainted with the French legal rules that govern e-contracts

– read through and understand general conditions of sale in e-contracts

– understand and analyze the impact of typical clauses in e-contracts

– solve moot cases in e-contracts

At the end of the course, students will be able to :

– understand the issues related to personal data

– understand the issues related to intellectual property on the internet

– understand the contents of an e-contract, the meaning of its legal vocabulary, the impact of its clauses, the legal consequences resulting from its specific drafting

– foresee legal problems that might arise from a given contract

– identify a legal problem and find the relevant legal rule

2ND PART. FRENCH LAW FOR COMMERCIAL CONTRACTS

During the course, students will :

– get acquainted with the French legal rules that govern French or International commercial contracts

– read through and distinguish between commercial contracts (distribution agreements, sales)

– understand and analyze the impact of typical clauses

– solve legal problems

At the end of the course, students will be able to :

– understand the contents of a commercial contract, the meaning of its legal vocabulary, the impact of its clauses, the legal consequences resulting from its specific drafting

– foresee legal problems that might arise from a given contract and suggest a drafting that might prevent them

– identify a legal problem and find the relevant legal rule

1ST PART. FRENCH LAW FOR E-CONTRACTS

Session 1. General Data Protection Regulation (3h)

– What is personal data ?

– How is it protected ?

Session 2. What rules regulate the internet ? (3h)

– Rules governing freedom of expression, privacy

– Rules governing copyright, trademarks, domain names

– Rules governing commercial prospection

Session 3. Specific rules governing e-contracts (3h)

– Formation, performance, end of the e-contract

2ND PART. FRENCH LAW FOR COMMERCIAL CONTRACTS

Session 1. Applicability of French law to commercial contracts (3h)

– When does French law govern an international commercial contract ?

– What is the legal proceeding ?

– Who resolves the case ? Judges / arbitrators

Session 2. Sale of goods (4h)

– French sale of goods

– International sale of goods – Vienna convention

Session 3. Distribution agreements (3h)

– Different kinds of distribution agreements (exclusive purchase agreement, concession agreement, dealership, franchise, selective purchase agreement)

– Different kinds of clauses specific to these agreements (exclusive purchase clause, exclusive territory clause, exclusive supply clause, restraint of trade clause, confidentiality clause)

Session 4. French and European rules governing distribution agreements (3h)

– Formation of a distribution agreement (negotiations, bids, gentlemen’s agreement, tendering process, annual negotiation, prices, duration, DPI, etc.)

– Performance of a distribution agreement (duties of the supplier, and the distributor, know-how, exclusivity, supply, confidentiality, network, parallel distributor, etc.)

– Modification of a distribution agreement, revocation (termination clause)

– Non-performance of the contract (penalty clause, termination clause, force majeure clause, exemption clause, remedies)

– Termination of the contract (duration, renewal, art. L. 442-6 I 5° Ccom, restraint of trade and loi Macron)

Session 5. French and European rules governing competition (3h)

– Regulation of competition (unfair competition, restrictive practices, anti-competition practices, vertical and horizontal agreements, abuse of dominance)