IT Lawyer in Paris: Contracts, IT Projects and Litigation
Software and data lie at the heart of many business projects. Their implementation often involves several service providers: software publisher, integrator, hosting provider or developer. The contract must therefore define precisely the role of each party.
At Cabinet Bouchara & Avocats, we assist start-ups, software publishers, groups, legal departments and IT departments in negotiating their contracts, monitoring their IT projects and managing their disputes.
Would you like to secure an IT project, or are you already experiencing difficulties with a service provider? Contact our team.
Our IT law services
We act at every stage of a project: contract negotiation, monitoring of its performance, difficulties with a service provider and litigation.
Drafting and negotiating IT contracts
Above all, an IT contract must avoid grey areas. It must define the services, deadlines, deliverables and responsibilities of each party.
We also act before signature, for example during a call for tenders or when reviewing a service provider’s proposal. We identify the clauses that deserve to be negotiated and the risks to be addressed before signing.
The firm drafts, audits and negotiates:
- IT development contracts;
- software licence agreements;
- integration and ERP contracts;
- SaaS, cloud, PaaS and IaaS contracts;
- hosting and managed services contracts;
- maintenance contracts;
- outsourcing contracts;
- framework agreements with software publishers and integrators;
- distribution contracts and technology partnerships.
In particular, we review acceptance testing conditions, service levels, liability, security and reversibility.
The intellectual property rights must also be precisely defined. Who owns the rights to the code? To the specific developments? To the pre-existing elements?
For questions relating to code, licences or open source, we also act in software and database law.
Supporting an ongoing IT project
After signature, the scope may change, deadlines may be pushed back and new services may be requested. It is then necessary to check what each party was required to provide, validate or report during the project.
In this context, the firm assists its clients in:
- clarifying the responsibilities of the client, the integrator and subcontractors;
- organising governance and validation stages;
- managing changes to scope, schedule or budget;
- formalising reservations, delays and alerts;
- negotiating an amendment or a recovery plan;
- preparing a change of service provider.
We can also review the decisions taken by the steering committee and check that they remain consistent with the contract.
Framing artificial intelligence projects
Deploying an artificial intelligence solution often involves several stakeholders: software publisher, integrator, data provider or developer.
The firm assists companies from the first tests through to the performance of the contract. The contract must in particular specify the authorised uses, performance commitments, confidentiality, rights to developments and the liability of each party.
AI projects must also be reviewed in light of the European regulation on artificial intelligence (AI Act), now applicable, the GDPR and intellectual property rules.
Handling IT disputes
IT disputes often arise from an accumulation of difficulties: delays, uncorrected anomalies or disagreements over the services.
We act in particular in the event of:
- significant delay or abandonment of the project;
- overrun of the initial budget;
- a system that does not comply with the specifications;
- disagreement over the acceptance of the services;
- failure of an integration or migration;
- repeated unavailability of a SaaS solution;
- failure to meet service levels;
- failure of maintenance or managed services;
- refusal to return data or to ensure reversibility;
- early termination or disputed invoices.
We reconstruct the course of the project from the contracts, specifications, exchanges, tickets and acceptance reports.
We also assess the financial consequences of the dispute: additional costs, service interruption, replacement of the service provider or project delay.
Each loss must be documented and linked to the breaches alleged. The time wasted on the project by internal teams may in particular be compensated where it is established (French Supreme Court, Commercial Chamber, 29 March 2023, Nos. 21-21.432 and 21-23.364)
Depending on the situation, we may send a formal notice, negotiate an exit or bring proceedings.
In the event of non-performance of the contract, Article 1217 of the French Civil Code provides for several remedies, including specific performance, price reduction, termination of the contract or compensation for the loss suffered.
In IT law, we act in both advisory and contentious matters. We represent our clients in mediation, summary proceedings, court-appointed expert assessments or proceedings on the merits, in Paris and before the other competent courts.
Examples of situations in IT law
An ERP deployment is falling behind schedule
The schedule is no longer being met, additional services are multiplying and the go-live date remains uncertain. The firm analyses the initial scope, the change requests and the alerts sent by the parties.
It must then be decided whether it is still possible to continue the project or whether it is better to change integrator.
A SaaS solution no longer meets its commitments
Interruptions become frequent, recovery times are not met or penalties do not cover the consequences suffered. Our lawyers review the service commitments, the exclusions of liability and the termination conditions. If the contract must come to an end, we check the conditions for recovering data and switching solutions, in particular in light of the Data Act.
The client and the service provider disagree over acceptance
The client refuses to validate or pay for the services, while the service provider considers that it has fulfilled its obligations. We compare the deliverables with the specifications and check the reservations expressed during the project.
Awards
Cabinet Bouchara & Avocats is regularly recognised for its expertise in digital platform law, data law and intellectual property.
Décideurs | Leaders League 2026 — Digital Platform and Application Law
Cabinet Bouchara & Avocats — “Forte notoriété” (strong reputation).
Décideurs | Leaders League 2026 — Data Law and Cybersecurity
Cabinet Bouchara & Avocats — “Forte notoriété” (strong reputation).
Legal 500 EMEA 2026 — France — Intellectual Property: Copyright
Cabinet Bouchara & Avocats — Tier 2.
Chambers France 2026 — Intellectual Property: Trade Mark & Copyright
Vanessa Bouchara — Band 2, recognised in this ranking for thirteen years.
IT law and intellectual property team
Preserving evidence in an IT dispute
In an IT dispute, the contract alone is generally not enough. The specifications, technical appendices, exchanges between teams, tickets, connection logs and meeting minutes can be decisive evidence.
We identify the documents to be kept and, where necessary, call on a commissaire de justice (judicial officer) or an expert. A pre-trial measure of inquiry may also be requested to establish or preserve evidence, in accordance with Article 145 of the French Code of Civil Procedure.
On the basis of this evidence, we can assess whether to request the resumption of the project, organise an exit or bring an action.
IT law and intellectual property: often closely related matters
An IT project often raises intellectual property issues, particularly where it concerns software, a database or content.
We then check who owns the rights and under what conditions the software, databases or content may be exploited. We also act where these rights are challenged or exploited without authorisation, in particular in matters of infringement or unfair competition.
FAQ
Our IT contract has already been signed: is it too late to consult a lawyer?
No. We can review the contract and the exchanges that have taken place since it was signed. It is still possible to formalise a change of scope, a delay or a new agreement. It is also possible to monitor the other party’s obligations rigorously in order to prepare your case if necessary.
The service provider imposes its own terms: can they still be negotiated?
This depends on the commercial balance of power and the importance of the contract for each party. Even where the service provider refuses to amend all of its terms, certain clauses can be negotiated as a priority, in particular those relating to service levels, liability, return of data and exit from the contract. Our lawyers identify the clauses on which it is genuinely worth negotiating.
Can action be taken where no single IT contract has been signed?
The absence of a single contract does not mean that there is no commitment between the parties. The relationship may result from several elements: quotes, purchase orders, general terms and conditions, specifications, commercial proposals, e-mail exchanges or services already performed. The firm analyses all of these documents to reconstruct what was agreed between the parties.
Does involving a lawyer risk blocking the relationship with the service provider?
Not necessarily; it can sometimes even help. In any event, the lawyer can remain in the background and help the client negotiate while preserving the relationship with the service provider.
Should the lawyer be accompanied by an IT expert?
In some cases, the contracts and the exchanges between the parties are sufficient. An expert becomes useful when the disagreement concerns technical anomalies, a migration, data loss or the compliance of a solution. The lawyer determines the technical points relevant to the dispute and then makes use of the expert’s findings.
Is a clause limiting the service provider’s liability always valid?
Not always. It is set aside if it deprives the service provider’s essential obligation of its substance, or in the event of gross negligence or wilful misconduct. On the other hand, a negotiated and non-derisory cap may apply even if the service provider has failed to perform its main obligation.
What is the time limit for taking action against an IT service provider?
In principle five years, from the day on which the facts giving rise to the action were known or should have been known (Article 2224 of the French Civil Code and, between traders, Article L. 110-4 of the French Commercial Code). This period does not run from the failure of negotiations. It is therefore essential to have the situation analysed as soon as the first serious difficulties arise.
Looking for an IT lawyer in Paris?
Cabinet Bouchara & Avocats assists you in negotiating your IT contracts, managing a project in difficulty or defending your interests in litigation.
