TMT 2025

FRANCE Law and Practice Contributed by: Clara Hainsdorf, Bertrand Liard, Saam Golshani and Guillaume Vitrich, White & Case LLP

temic risk management. The EDPS recommends rigorous monitoring to ensure the protection of fundamental rights in the face of technological developments. In 2023, the Council of the European Union adopted the Data Act, laying down harmonised rules for fair access to and fair use of data. It specifies who can access and use data gener - ated within the EU in all economic sectors. It aims to: • ensure fairness in the distribution of the value generated by data between players in the digital environment; • stimulate the development of a competitive data market; • open up opportunities for data-driven innova - tion; and • make data more accessible to all. The new regulation will enter into force in Sep - tember 2025. However, the requirements for simplified access to data for new products will only apply to connected products and related services placed on the market 32 months after the entry into force. Responsibility/Liability The EU has adopted the Product Liability Direc - tive, which is to be implemented by the end of 2026. It deals with claims for harm caused by AI systems or the use of AI, adapting non-con - tractual civil liability rules to artificial intelligence. Under this directive, manufacturers or provid - ers of defective AI systems that cause physical harm, property damage or data loss to individu - als are liable without fault. The directive complements the AI Act by creat - ing a legal framework for civil liability related to AI systems, ensuring consumer trust and legal

clarity for businesses. It aims to introduce a harmonised liability regime across the EU, and ensures claimants have effective avenues for compensation comparable to non-AI-related damage cases. Intellectual Property Many elements of AI systems may be protected by intellectual property rights (or assimilated), including content, algorithms under certain con - ditions, computer programs, models, robots, database, etc. It is necessary to consider the type of protection appropriate for each element (patent, copyright if original and specific form for content, computer programs, designs for robots, etc). The protection of creations by AI is of particular interest. It is obvious that the intellectual prop - erty protection system is based on human crea - tivity, which will render the works of AI difficult to protect. No related case law is evident in France but, in the DABUS case, the European Patent Office denied patent protection of an invention by AI on the grounds that no human was named as inventor. There are workaround solutions, such as naming a physical person as inventor or author, but this does not fully solve the issue, and a legislative intervention seems necessary on this topic. 4. Internet of Things 4.1 Machine-to-Machine Communications, Communications Secrecy and Data Protection Liability Under French law, there is no specific legal framework applicable to liability for connected objects or connected robots; general liability

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