Lawyers and Artificial Intelligence

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Would artificial intelligence pose a danger to the legal profession? We don't think so, despite the aggressive advertising of some applications.

AI is a technological evolution resulting from the combination of more sophisticated programming, the availability of vast databases, and increasingly powerful computing power. It's not a revolution. This doesn't mean it's a risk‑free technology if it falls into the wrong hands, but that goes well beyond the scope of lawyers' discussions.

Lawyers don't need to fear AI. Lawyers' intelligence is human, not artificial, and that makes a huge difference.

See our article from 01/31/2024 on La Tribune.

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Electronic signature: what if we talked about the "link"?

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Under French law, the definition of an electronic signature (Art. 1367 Al.2 Civil Code) implies a "link" between the act and the signature identifying its author. This notion of link is also found in the definition of the advanced signature in the European eIDAS Regulation (Art. 26) which states that the advanced signature must be "unequivocally linked to the signatory". But the meaning of this link is not obvious. We believe that it can be understood according to three approaches: a conceptual approach that projects onto the electronic signature a characteristic of the handwritten signature; a technical approach defining it via the electronic signature technology; and finally an opportunistic approach linked to the development of the on-the-fly certificate and the notion of evidence file, widely adopted by French judges.

Electronic signature does not constitute consent

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On June 8, 2023, the Orléans Court of Appeal issued an original and very well-argued ruling on electronic signatures (RG No. 22/00539), concerning a personal credit contract between Carrefour Banque and a borrower.