Agathe Malphettes
Biography
Overview
Agathe Malphettes is counsel in the Intellectual Property and Information Technology practice in Paris.
Her practice focuses on high-stakes tech cross-border disputes and transactions, compliance and regulatory issues. Her client come from different sectors such as social media, media and advertisement, finance, transportation, luxury brands and industry.
Agathe has extensive experience in the field of consumer protection, content regulation as well as privacy and data protection especially in litigation and international contexts. She also assists her clients with their relationships with consumer and data protection authorities such as the DGCCRF and the CNIL.
Agathe was also seconded as Regulatory Litigation Counsel to Meta (formerly Facebook) for one year. Agathe is a member of Cyberlex and the International Association of Privacy Professionals (IAPP).
Experience
Representative experience includes:
Advising Meta in all pre-litigation and litigation matters arising in France, with a focus on technology-related issues before civil and commercial courts and administrative authorities such as the DGCCRF and the CNIL;
Advising Meta and other social media and tech companies on regulatory issues: law proposals and recent regulations impacting their business and operations such as the DSA, the Separatism Law, the DMA, the Fake News Law, and other EU regulations (SGD and DCD, artificial intelligence, etc.) and their French implementing provisions;
Advising tech companies in relation to their general terms and conditions and, more generally, their contractual policy towards their suppliers;
Advising tech companies in their copyright and trademarks pre-litigation and litigation matters;
Advising leading financial institutions such as Natixis, Crédit Agricole, CACIB, Agence Française de Développement (AFD) on the drafting and negotiation of complex IT agreements such as SaaS and cloud computing and other commercial agreements, as well as their compliance with regulatory matters (data protection, outsourcing rules);
Advising clients in the transportation sector such as Arval, an affiliate of BNP Paribas, on the drafting and negotiation of customer and third party providers agreements and on tech and data privacy matters;
Advising long-standing clients such as Christian Dior and SNCF in the drafting and negotiation of IT agreements (SaaS, integration, development and hosting of their e-commerce website, etc.) as well as tech and commercial agreements (including IP agreements, general terms of services, distribution, sourcing, etc.);
Assisting foreign operators with their compliance to the telecommunications regulation in France.
Agathe is a speaker in a series of workshops (called "Data & Tech Lab") to highlight data & tech updates.
