Dissertations / Theses on the topic 'Technologie de l'information – Droit'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 dissertations / theses for your research on the topic 'Technologie de l'information – Droit.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse dissertations / theses on a wide variety of disciplines and organise your bibliography correctly.
Eyrolles, Christophe. "La régulation juridique de l' investissement dans les technologies de l' information au Vietnam." Toulouse 1, 2002. http://www.theses.fr/2002TOU10046.
Full textThe State apparatus must adapt itself to the new economic deal but the political dimension represented by the development in Vietnam of "telecommunications-medias-technologies" is of highest importance : the diffusion (therefore the sharing) of knowledge can also be the prelude to a sharing of power. State aims at using economic democraty, not as an end, but as a governing tool, which is in keeping with a conception of rights in the service of a "social function". This "spirit of rights" prevails over the necessity to develop a Law of communication in Vietnam and allows more flexibility to the political control of its economic development. Setting up this strategy implies the captation of economic and technological ressources from the foreign firms to the State firms
Bellahsene, Julien. "Les systèmes de gestion numérique des droits (ou DRMs) et le droit de la concurrence." Montpellier 1, 2005. http://www.theses.fr/2005MON10063.
Full textJougleux, Philippe. "La protection de l'information dans les nouvelles technologies." Aix-Marseille 3, 2002. http://www.theses.fr/2002AIX32014.
Full textCreations, quasi-creations, data, databases, files, news, all this variety of information products could possibly be the subject matter of judicial proceedings as far as the rules concerning their legal status are not so clear. The diversification of legal regimes concerning the protection of different information products reveals that so far the approach of the legal system towards information has been rather empirical. The protection of information is crucial for the new digital era and it should be combined with the necessity of free flow of information. The digital revolution and the convergence of technologies introduced new possibilities of dissemination of information. Under these circumstances, the protection of information should be reconsidered in new terms. Providing that the law specialist should rather anticipate the evolution of the society than follow it, the legal research in this area should promote the adoption of a synthetic approach referring to information as a value and avoid the instalment of sui generis regimes concerning different information products. .
Dubuisson, François. "Existe-t-il un principe général d'appropriation de l'information ?" Doctoral thesis, Universite Libre de Bruxelles, 2005. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/211071.
Full textIchrakieh, Ahmad. "L'évolution du droit libanais de la preuve face aux nouvelles technologies de l'information : (Aspects du droit civil)." Montpellier 1, 2005. http://www.theses.fr/2005MON10010.
Full textMorin, Jean-François. "La rémunération dans le cyberespace : concevoir l'information comme un bien public." Thesis, Université Laval, 2004. http://www.theses.ulaval.ca/2004/21429/21429.pdf.
Full textSince the beginning of the nineteen’s, problems on the application of law concerning copyrights have raised due to the development of computers and Internet and the proliferation of illegal exchange of files. Anti-pirate devices were applied, but without any truly dissuasive effects. New devices will probably applied in an approached future, but their effectiveness is not proved and they imply significant restrictions of rights of utilization and would be socially contestable. The nature of technologies make status quo impossible and force a reconfiguration of authors and users rights. We will have to do a social choice: restrict the access to works or implant the taxation of devices that give access to works. The last one appear more appropriate for today’s technologies.
Fonteneau, David. "Les nouvelles technologies de l'information et de la communication, l' employeur et le salarié." Toulouse 1, 2002. http://www.theses.fr/2002TOU10047.
Full textThe speeding comet of IT and telecoms is on a collision course with the planet of "employment law". The impact of the net on business has brought about profound changes in daily working relations. A feeling of freedom for some and an increase of control for others, the internet offers every one the means to realise his or her ambitions, but at what price ? The study of the consequences of the arrival of NTIC on the individual relationship in the workplace responds to this question, in the light of practical cases but equally texts and judicial precedents on the subject. The study of the consequences of NTIC on trade unionism in the compagny, but also on elected representatives, allows a review to be made of the implications of NTIC on the collective relations in the compagny
KANG, CHUL GOO. "Propriété intellectuelle et nouvelles technologies de l'information dans le droit de l'Union européenne et dans le contexte international." Paris 12, 1996. http://www.theses.fr/1996PA122006.
Full textRaynaud-Bardon, Michel-Pierre. "Les artistes-interprètes face aux nouvelles technologies." Montpellier 1, 2002. http://www.theses.fr/2002MON10061.
Full textTengang, Jean-Marie. "Essai sur la dépersonnalisation du droit d'auteur : le droit d'auteur d'entreprise." Bordeaux 4, 2001. http://www.theses.fr/2001BOR40014.
Full textAt the beginning of the millenium, the taking into account of economic and financial interest and the evolution of technology seem to have made market laws the true keystone to authors'rights legislation. .
Pigeon, Maxime. "Le droit du travail à l'épreuve des nouvelles technologies." Paris 2, 2002. http://www.theses.fr/2002PA020052.
Full textJoly, Elisabeth. "L'écrit confronté aux nouvelles technologies." Montpellier 1, 2004. http://www.theses.fr/2004MON10015.
Full textAlleme, Apo. "La protection du consommateur à l'épreuve des technologies de l'information et de la communication : étude du droit ivoirien à la lumière du droit français." Thesis, Perpignan, 2019. http://www.theses.fr/2019PERP0016/document.
Full textInformation and communication technologies (ICTs), which encompass all the tools and techniques resulting from the convergence of telecommunications, have revolutionized the behavior and habits of consumers. These technologies are not limited to the Internet, the rise of which has renewed the problem of consumer protection. In response, the Ivorian legislator, through the 2016 law on consumption, tried to be consistent with international standards relating to consumer protection. The new mechanism adopted is in addition to current Ivorian law and the Community legislative framework (UEMOA and ECOWAS). However, the system is proving insufficient and, in some respects, unsuitable for consumer protection, especially in the event of a sale through the ICT channel. These deficiencies occur at the time of the formation and enforcement of the sales contract. In this context, the French legislative framework that extends its sources in European Community law can, in many ways, inspire the Ivorian legislator. It does not entail the total transposition of the French system into the Ivorian law. Actually, with the new challenges of ICTs, the protection of the consumer can only be guaranteed by the search for equilibrium between the consumer and the professional
Balima, Christ Eric. "Le rôle des technologies de l'information dans la concurrence des transports aériens." Nice, 2005. http://www.theses.fr/2005NICE0002.
Full textThe use of the information technologies in the air transport is not a recent phenomenon. Indeed, the electronic reservation appeared in this sector during the second part of the years 1960. The movement was accelerated by the computers' progresses and the air transport deregulation decided by the United States of America in 1978 with the Airline Deregulation Act. The information technologies are now an element of the air transports' dynamism and the central issue of the competition in this industry. Thus, the deregulation, such as we live it at the present time, would certainly not have been possible without the development of the information technologies. However, the information technologies were also used to distort the air transports' competition and that caused many concerns in the sector. In such circumstances, an intervention in favor of the information technologies' regulation was planed. The competition's authorities answered the first difficulties related to the use of the information technologies in the air transport by applying the competition's general law supplemented thereafter, by a specific framework. Today, the information technologies cause new problems in the air transports' competition and the competition's authorities remain very attentive
Galanis, Theodoros. "Droit de la concurrence et régulation sectorielle : l 'exemple des communications électroniques." Paris 1, 2008. http://www.theses.fr/2008PA010331.
Full textMarkellou, Marina. "Les contrats d'exploitation de droit d'auteur en droit comparé (Allemagne, France, Grèce)." Montpellier 1, 2009. http://www.theses.fr/2009MON10053.
Full textThe explosion of digitised information has strongly questioned the existence of the copyright system. We are at present in a highly transitional state and the crucial question that arises is what should be the author's position in the copyright system in general. The contractual copyright law is therefore called to determine in a more precise way this position of the author into the system. The contractual copyright law is, indeed, an important instrument susceptible to guarantee an equitable balance of the opposing interests, while assuring an effective protection of the author, who is considered as the weakest party of the contract. In this context, the objective of this thesis is to examine the German, French and Hellenic main rules which govern the copyright contracts of exploitation. This comparative analysis will allow us to bring to light the convergences of these three legislations in order to facilitate a European harmonization in the near future. Based essentially on a detailed treatment of this question, which was until now rarely explored, this study aims at arousing a deeper reflection in this domain
Goulvestre, Ann-maël. "La RFID et le droit." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1016.
Full textThe acronym RFID stands for Radio Frequency Identification, a wireless technology that provides the ability to automatically identify and locate tags attached to objects, as well as the person who is actually carrying them. The technology relies on storing and retrieving data, through radio waves by using devices called RFID tags. Those tags are already prevalent in our everyday lives to grant building access control for example. And this is only the beginning, as RFID technology is expected to be one of the main brick of the Internet of things. Like any other new technology, RFID needs a suitable legal framework to get benefits to both consumers and businesses. This work is thus intended to bring up RFID from a legal perspective. Indeed, one of the new technology key successes lies on the way the consumers will grasp it. When looking for economic profits, it is then essential to focus on public perception and consumer confidence related to this technology. And this would not come along without security concern which represents actually the main challenge to face, most of all from a technical perspective, but also from a legal one.For this reason, the proposed work aims at exposing the legal framework which could be applied both to its container (the RFID system) and its content (the RFID data). It is worth analysing the way the legal practitioner can deal with this technology and all its related issues. Are there any specifics legislations on this subject? And if so, what are they? A critical assessment is undertaken to appreciate the substance of the relationships existing between RFID and law, and potential improvement that come along
Brajon, Régis. "L' impact des nouvelles technologies de la communication sur la protection des libertés fondamentales en droit comparé." Aix-Marseille 3, 2004. http://www.theses.fr/2004AIX32002.
Full textThe regulation of Cyberspace has spawned a litany of metaphors. It had to be preserved from the intrusion of Governments and States that belonged to an outside world. The general will was supposed to be the sole legitimate source of rules for Cyberspace. The first decision of the American Supreme Court about internet law, which struck down the Communications Decency Act, made clear the principles of free speech had to be fully implemented. Cyberspace couldn't be likened to the old wild west in which legal definitions and qualifications had no hold. In this thesis, I've tried to theorize what I termed the special law of new technologies and liberties. Once again, I'll point to the landmark decision ACLU v. Reno to illustrate my point. Filters had been promoted as a more flexible approach than a statute even if their flaws were well known. Unfortunately every solution gives birth to a new difficulty. Filters have become a one become one of the tools thanks to which new sources of rules have appeared
Loyer, Olivia Béatrice Marie, and Olivia Béatrice Marie Loyer. "L'appréhension législative des nouvelles technologies à l'épreuve des principes de droit pénal." Master's thesis, Université Laval, 2017. http://hdl.handle.net/20.500.11794/28141.
Full textDe l'apparition des nouvelles technologies a découlé la commission de comportements nuisibles réalisés au moyen de celles-ci. C'est donc naturellement que le législateur a décidé de réprimer de tels actes. Or, ce faisant, il a incriminé des comportements à la matérialité réduite. Nous entendons par là qu'il a créé des infractions constituées de faibles éléments matériels, situées en amont dans le cheminement criminel de l'individu, ce qui pose des questionnements quant à leur nécessité et à leur interprétation. L'appréhension législative des nouvelles technologies a aussi impliqué l'incrimination de comportements à la matérialité abstraite, c'est-à-dire des actes immatériels réalisés uniquement dans la sphère numérique. La répression de tels comportements pose des problèmes probatoires, que ce soit pour rapporter la preuve de la commission de l'acte reproché par l'accusé, ou apporter celle de son intention criminelle.
Santa, Cruz Portal Hilda. "La technologie appropriée : une stratégie alternative pour les pays en voie de développement." Paris 10, 1987. http://www.theses.fr/1987PA100072.
Full textWe have divided our study into three parts: first a critique of technology transfer; then; an evaluation of the advantages which appropriate technologies have brought to the third world; finally, an analysis of the conditions which permit appropriate technologies to be a real factor of development. The question of the impact of foreign technologies has been a highly controversial one for more than twenty years. Among the criticisms are the following: the excessive dependence of the developing countries on the developed countries; the contribution of certain technologies which have now been rendered obsolete; the absence of selectivity regarding these technologies and their lack of adaptability to the situation. Furthermore, the developing countries must become heavily indebted, or they must accept the entry of foreign capitals on a massive scale. Faced with the totality of these problems, the third world is experiencing the crucial necessity of rediscovering its identity by means of proposing favorable conditions for the creation of original local technologies. The third world must rely on an authentic and indigenous development based upon the culture of its people with the goal of focusing on the human being and upon realizing their project of civilization. The choice of appropriate technologies is the natural correlative of an appropriate developmental strategy, but it is also relevant to the acceleration of the development process as well as to the installation of a new international economic order. Accordingly, the object of this study is to address the totality of the problems which technology poses for the third world and thereby to elicit both reflection and debate with the goal of helping to solve this thorny problem
Zwang, Alexandra. "Droit d'auteur & internet : interactions croisées du droit d’auteur et du droit des NTIC." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1022.
Full textThe incoming of the Internet and ICT, like any technological change, led the copyright to adapt to face new uses. In despite of the "free" movement, Intellectual Property is not really questioned, even if new business models generated by Internet must be taken into account and generate a renewal of copyright.At the same time, the emergence of new forms of work, issues related to counterfeiting, disintermediation and re-intermediation of distribution circuit works, then the uncertainties generated by Web 3.0 , revolutionizing the roles of actors endorsed by "LCEN" : ISPs , hosts, advertisers ... These interactions lead to cross fragilier right ICT have little legitimacy .Beyond the simple adaptation, meeting with Internet copyright then redefines the contours of the right ICT and generates an international approach to its regulation. It also provides the opportunity to rediscover and perpetuate the media law
Younes, Zahi. "L' incidence des nouvelles technologies sur le droit traditionnel des actes juridiques." Paris 1, 2002. http://www.theses.fr/2002PA010320.
Full textMinet-Letalle, Catherine. "Les flux de travail transfrontaliers : Pour une relecture du droit social communautaire dans le contexte du développement des nouvelles technologies de l'information et de la communication." Lille 2, 2002. http://www.theses.fr/2002LIL20004.
Full textThe growth in new ICT leads us to ask wheter the newer and hither to little-researched question of labour transfers not involving the physical displacement of persons should not be seen as part of the conventional one concerning the free movement of persons. A legal framework for these transfers would seem to be necessary if we do not wish to see the development of uncontrollable transfers of labour. The question is wether Community Labour Law regulations take into consideration these new transfers. It is the hypothesis of this research that Community regulations concerning the transfer of cross-border labour have been built around the physical displacement of workers. Today these regulations must take into account the growth in the transfer of labour not involving the physical displacement of persons. The transfers lead to two questions : concerning their inclusion in current regulations, and the inclusion of their consequences in current regulations
Probst, Audrey. "Le droit du travail à l'épreuve du télétravail au domicile." Paris 1, 2005. http://www.theses.fr/2005PA010260.
Full textFontaine-Even, Marie. "Le droit international public à l'épreuve du cyberspace mondialisé." Bordeaux 4, 2003. http://www.theses.fr/2003BOR40019.
Full textSinapan, Tatiana. "Le rattachement territorial fiscal des prestations de services immatérielles à l'aune du droit et de la technologie." Thesis, Montpellier 1, 2010. http://www.theses.fr/2010MON10056.
Full textCurrently, many companies may already operate in other countries without needing to have a physical presence. In this work, the main problem was to know how to preserve the revenue of the states (VAT and tax on corporate profits) in the context of immaterial beyond-borders services in the era of IT. In this perspective, it appears that the question of territorial connection of immaterial services is closely related to a problem of identification and location of the parties.Therefore, it is necessary to continue the cooperation and even to coordinate, first, between various authorities in France, and secondly, between tax authorities and IT providers
Tilli, Nicolas. "La taxation du commerce électronique direct : interpellations juridiques à partir des exemples de l'U.E. et du Mercosur." Toulouse 1, 2008. http://www.theses.fr/2008TOU10068.
Full textThe relocation induced by internet has created an immaterial and extra-territorial global space which bypasses the fiscal regulations. The "cyberspace" defines itself without regard for the frontiers, or the notions of territory. The technical characteristics of electronic trade make the traditional idea of "fiscal sovereignty" and "global" trade, in front of which the fiscal systems, based on a territorial vision of the world, do not seem to be adapted. Indeed, internet unveils the natural need to think tax system with a "global" vision. As a logic consequence of internet's technical particularities, the legal ability of the States to prosecute "legitimately", in an "efficient" and "effective" way the fiscal revenues produced from the indirect taxation of international operations of direct electronic trade, arises with an interrogation point. Nor the States, or the "Blocks of Regional Integration", are in position to impose the acts of digital consumption, which induces a significant loss of profits as much in the national point of view as in the community one. Facing the absence of a "global" tax normative system, which could establish in a indubitable way th "must be" as regards the indirect taxation od direct electronic trade, which norms which respect the "legitimacy" principal at a world-wide level and be "effective" and "efficient", a widening policy towards a "legitimate", "effective" and "efficient" global fiscal solutions is imperative
Sontag, Koenig Sophie. "Les droits de la défense face aux technologies de l'information et de la communication." Thesis, Poitiers, 2013. http://www.theses.fr/2013POIT3001.
Full textThe rights of the defense come from a time when individuals undergoing trial and damage that may result to their rights and freedoms. Protean, they are born guaranteed from the notion of a fair trial as defined by the European Court of Human Rights. Taking a specific color in the criminal trial, this notion appears embodied in itself, the criminal lawyer who, in harmony with his specialty, must adapt to the changes which it has sometimes been. Technologies of Information and Communication have gradually invested the field of Justice and in particular the criminal sphere. Educated the results of experiments conducted abroad, France has also decided to modernize its judicial procedures using these new techniques. Copernican revolution, full of hope at the managerial level and the administration of justice, modern technologies raise fears facto resistance due to their relative complexity and novelty. Thus, a technical difficulty that limits the positive impact of the reforms, in addition symbolic aspects concerning the conduct of judicial ritual, introducing a new dialectic between stakeholders "criminal justice system" and changing the relationship of legal professionals as well as those that unites justice and litigants. It follows a change of management of the trial and, correspondingly, a restructuring of the thought patterns of the rights of defense and the practice of criminal defense
Meurou, Thierry. "Quelle fiscalité pour les transactions électroniques des entreprises ?" Paris 1, 2002. http://www.theses.fr/2002PA010297.
Full textRambaud, Romain. "L'institution juridique de régulation : Recherche sur les rapports entre droit administratif et théorie économique." Paris 1, 2011. http://www.theses.fr/2011PA010299.
Full textJammet, Adrien. "La prise en compte de la vie privée dans l’innovation technologique." Thesis, Lille 2, 2018. http://www.theses.fr/2018LIL2D003/document.
Full textThe study of privacy within technological innovations is the study of the legal system surrounding personal data. However, the complexity and context of the subject imposes a pragmatic analysis, gathering elements of economy and technology, to define the reality of the use of the law by and within numerical innovations. As such, it necessitates a phenomenological approach, reviewing the historical steps that lead to the particular set of protections that the legislator has chosen, from a general protection of privacy towards a special regime applicable to personal data, and then an observation of its effectiveness to protect the essence of privacy. At the center of this work, we can find the will to understandthe gap between the trust given by the public to technology regarding the respect of one’s privacy and the declarations of legislators on the efficiency of the legislative response. Since the consent is the core principle of these regulations, this divergence deserves a legal analysis. Consequently, we can sum this thesis by a simple question: what it the real efficiency of privacy’s protection regime facing technological innovations ?
Guilmain, Antoine. "Le principe de proportionnalité à l'aune des technologies de l'information : pour une modernisation en modération de la procédure civile." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01D007.
Full textJanuary 1, 2016 marked the entry into force of the new Code of Civil Procedure, leading Québec’s civil justice system into the 21st century. This new Code is much more than a simple reform; rather, it encourages a wholly “new legal culture” by providing solutions adapted to the needs of its citizens. As such, to quote the Code itself, “appropriate technological means should be used whenever possible”, i.e. conforming to the principle of proportionality. This proposition may appear trivial upon first glance, but actually contains a fairly innovative reality: a well-established principle – that of procedural proportionality – now regulates a new area of activities – being information technologies. This thesis aims to identify all of the ramifications and implications of this application and will do so in two steps. First, we will begin by defining the legal concept of procedural proportionality, which has been relatively little studied until now. As to its origins, the concept of proportionality itself goes back millennia and, throughout time, has gained prominence in several fields of law: it is therefore the story of an ever-growing trend. That being said, it was only in the middle of the 20th century, against a backdrop of civil justice crises and under the influence of utilitarian theory, that proportionality was introduced as a matter of civil procedure (first in the United States, then in England, to finally percolate into other jurisdictions). In Québec, proportionality is today a guiding principle of procedure, which qualification has had a genuinely systemic effect. This gain is however not unanimous, as several other civil jurisdictions, France being the first, relegates proportionality to the rank of mere concept, theoretically located at the intersection of new managerial principles of civil procedure (such as quality, efficiency, celerity, etc.) In a second step, we will examine the practical technological effects of the principle of procedural proportionality. In our opinion, what we call “technological procedure” based on electronic transmission of documents and audiovisual technologies is insufficient in and by itself: it is only a mass of technical rules, without coherence or cohesion, much too mechanical. The principle of proportionality, applied to technologies, is therefore an interesting way to unify and humanise technological procedure. Concretely speaking, this means that a court should authorize, refuse or order the use of technologies according to an in concreto and in globo analysis of the interests at stake. For instance, in the case of a complex litigation, the use of Skype for the remote testimony of a main witness who lives next to the courthouse should be refused, since it is manifestly disproportional. In this manner, we are witnessing the emergence of a new sub-principle, what we call “technological proportionality” herein, which has its own definition, test and finalities. Furthermore, judges will henceforth have to assume a new role with respect to information technologies, notably by making technological choices and performing a form of “technology assessment”. In the end, such an approach, as it develops in Québec, offers a novel discussion on technology in civil procedure: neither proportionality (ancient, traditional, legal) nor technologies (futuristic, innovative, high-tech) are rejected; in fact, one cannot be dissociated from the other. The message of this thesis can therefore be summarised by three simple words: modernization in moderation
Cassar, Bertrand. "La transformation numérique du monde du droit." Thesis, Strasbourg, 2020. http://www.theses.fr/2020STRAA002.
Full textOur society’s history is intricately linked to that of legal professionals. They are the connection between the subjects of legal proceedings and the State, giving it the opportunity to implement its sovereign prerogative of serving justice. Each evolution in their activity therefore has repercussions on all citizens. In the past fifty years legal professionals have known profound changes. These mutations affect them in many ways, for instance by the modification of their legal status. They have also changed the way they work by the progressive introduction of new technologies. The recent phenomenon of digital transformation has been accentuated by the apparition of open data which has encouraged new actors, known as LegalTech, to cater digital services to legal circles. Just like legal publishers, these new entities foster the diffusion of new techniques which are then applied by legal professionals. They therefore consolidate their position, acting as intermediaries to legal circles
Cattan, Jean. "Le droit et les communications électroniques." Thesis, Aix-Marseille, 2012. http://www.theses.fr/2012AIXM1053.
Full textThe coexistence of the law and electronic communications raises, among other issues, the problem of online legal enforcement. In order to condemn the publication of illegal information, harmonization of law within the European Union coexists with conventional solutions. Moreover, French law has introduced an obligation to secure online access and develop the faculty to block access to illegal information online. This has required the intervention of jurisdictional mechanisms designed to ensure a fair balance among fundamental rights at stake. It leaves open, however, the issue of a possible and legitimate sanction. It is also to be observed that the law is key to the development of access to electronic communications. The goal that is pursued is to ensure the improvement and the dissemination of access to electronic communications through competition. It appears that access to electronic communications depends on a competition regulated by law. A holistic approach to the relationship between the law and electronic communications helps reveal a dialectical relationship between the law and technology. While the law supports the development of electronic communications, it is also a source of its disturbance, before becoming a factor of its evolution
Langard, Stéphanie. "Approche juridique de la télémédecine : entre droit commun et règles spécifiques." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0206.
Full textTelemedicine allows use of information and telecommunication technologies in medical practice. Tried and tested in recent years by our health care system, it is considered as a modern means to current challenges: aging population, unequal access to health care delivery, medical desertification, etc. On health actors' request, the legislator has organized a legal framework for telemedicine by law n ° 2009-879 of 21 July 2009 reforming hospital system, and related to patients, to health care system and applicable in all territories, it is also embedded in the public health code. Telemedicine is governed by separate rules: those related to telemedicine's acts and those related to telemedicine's activity. Given the fact that telemedicine is based on medical procedures practiced through information and telecommunication technologies, it has to be regulated by ordinary laws rules on medical procedures as well as information and telecommunication technologies'rules. Thus, ordinary law rules and specific provisions currently coexist. Between ordinary law rules and specific provisions, does the telemedicine framework really fit with medical procedure?s requirements ?
Heinzmann, Lisa. "L'influence de l'environnement numérique sur les droits d'exploitation en droit d'auteur français, allemand et européen." Thesis, Université Paris-Saclay (ComUE), 2016. http://www.theses.fr/2016SACLS464/document.
Full textIs there an infringement to an exclusive economic author right when a web user creates a link toward a protected work? Which “uses” of a work can be protected by the author and which exclusive economic rights under copyright can he rely upon to exercise control? Contrarily to the analog world, it is more complex to draw the contours and features of an exploitation in a digital world. The thesis tries to clarify the scope of the protection under current European law and National law, with a particular focus on French and German law. The comparative approach is justified by the different conceptions of the exclusive economic rights in France and Germany, a heritage of two strong legal traditions of the continental European legal system. It is prospectively that the thesis attempts to improve the acquis communautaire, following the current debate, led right now by the European Commission
Ego, Audrey. "Les droit fondamentaux de l'auteur et l'environnement numérique : l'exemple de l'oeuvre pédégogique numérique." Thesis, Lille 2, 2015. http://www.theses.fr/2015LIL20021.
Full textThe thesis deals with "The fundamental rignts of the author in the digial age". If the author has a accrued legal protection, it's essential to offer to him a wide freedom of creation. The objective of the research is to study how fundamental rights capture the author in the context of our society, which is increasingly based on information, exchange and communication. This topic concerns in particular the application of the copyright's rules as part of creation, dissemination, valorization of digital teaching resources produded by the universities
Jourdaa, Laurent. "Les contentieux de l'image : étude de jurisprudence comparée." Phd thesis, Toulon, 2014. http://tel.archives-ouvertes.fr/tel-01022726.
Full textDejean, Sylvain. "Numérisation des biens culturels : piratage et émergence de communautés virtuelles." Pau, 2007. http://www.theses.fr/2007PAUU2002.
Full textThe development of computerising and the globalization of broadband Internet access have dramatically changed the market of information goods. The industry of cultural goods, in its current form, is being threatened by the freedom offered to the consumer to share, copy and edit anything which can be digitalized. In the first chapter, the author shows how, thanks to price discrimination, network effects and the possibility to experience goods before buying them, producers of original products are able to enhance their profits by using copies. He also highlights the main changes allowed by the digitalization of cultural goods by an analysis of the results of empirical literature. The second chapter offers a model of the market of cultural goods in which two ways of distributing information are opposed. The rising of experiencing consumers first increases the profits of “non star” artists and then it allows the increase of “star” producers. The main focus of the third chapter is the building of an agent-based model devoted to the self-organization of virtual communities. The author eventually shows that the heterogeneity of individual contributions and the degree of mobility favours the segmentation of the agents’ preferences
Tilman, Laora. "L’utilisation des technologies de l’information et de la communication à l’hôpital face au droit." Thesis, Lille 2, 2017. http://www.theses.fr/2017LIL20008/document.
Full textThe use of ICT has become increasingly important in hospitals. However, the legal framework structuring its use is very complex to grasp. Indeed, it is made up of general laws as well as specific ones and makes this framework sometimes unconsistent. To provide an optimal legal framework for the ICT to expand safely, the legislator needs to strike the right balance between protecting fundamental rights and securing practices. As the current legal framework does not provide this delicate balance, public authorities have a strategic role to play to ensure a secure use of ICT within hospitals. To guarantee the development of consistent projects, a strong governance has to set up a national leadership. The legal framework needs to be rehabilitated to support digital innovation in Healthcare and to ensure a legal protection required for an appropriate use of ICT. Hospitals have then a key role to play in securing their practices
Saleck, Ahmedna Mohamed Oumar. "Les médias et le droit de la concurrence en Mauritanie." Thesis, Perpignan, 2017. http://www.theses.fr/2017PERP0023/document.
Full textIdentified as a political, social, cultural or economical actor, having an esential role in the world characterized by soaring globalisation, which is in a staggering peak, media seems to be naturally submitted to the competition law. However, when the question is analysed in a precised and refined way, this obviousness is not right anymore. Are the media really submited to the competition law ? At the same time is it possible to talk about the competition law specific to medias ? Relations between media and the competition law have been faced of several incidents in Mauritania. First of all, during the first incident, the relation between two institutions, it means media and the competition law were bland and dull because of State’s monopolization of all media’s means. Then, there was a partial opening of media to competition. Eventually, the recording of media by the competition law happened during the last incident. This work consists in demonstration of media’s submission to the competition law even though the mediatic product keeps being specific
Lemaire, Vincent. "Le droit public numérique à travers ses concepts : émergence et transformation d'une terminologie juridique." Thesis, Paris 1, 2019. http://www.theses.fr/2019PA01D027.
Full textThis work is about the reconstruction of the public law because of digital new uses, reviewing the transformation of the main public law concepts. This in order to identify which concepts can withstand, change or disappear because digital new uses. This will be the moment to mention the new digital items, to confront their compatibility by the public law. Moreover, we will consider how the public law is able to comprehend news uses and digital reticulated communication structures. Then, the purpose of this work is to reintegrate public law into the network paradigm in order to find out the ability for the public government to take part efficiently in most digital activities and digital business activities. In this way, we will be able to design how to guide the conceptual transformation of the public law in the digital transition of the government facing new digital challenges
Démoulain, Matthieu. "Nouvelles technologies et droit des relations de travail : essai sur une évolution des relations de travail." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020037.
Full textOver the centuries, from Cheops to the Internet and from nanotechnology to teleportation, new technologies have constantly been at the centre of individuals’ lives. Produced by human intelligence, they appear to be a key to innovation, a tool for the dissemination of knowledge and they enable the progress and evolution of mankind. These new technologies obviously drew lawyers’ attention as they have a direct impact on society as a whole, but also more specifically on the relationship between employers and employees. Moreover, they tend to reshape the organisation of corporations and lead to the entanglement of professional and private life. As a matter of fact, labour law is under pressure: recruitment procedures can be altered by new technologies, the conclusion of employment contracts is nowadays electronic and instantaneous, and security and privacy rules have been established (not to mention electronic trade union communications, e-voting or e-meetings for staff representative bodies). In short, the whole framework is changing. Unfortunately, lawmakers are usually overtaken by events as science and law evolve at a very different pace. However, sooner or later, legal boundaries are set. Currently, courts’ main challenge is to try to make technological progress and protection of employees compatible
Plantié, Samuel. "Le droit de la consommation dans l'économie numérique : étude des déséquilibres de l'internet." Thesis, Grenoble, 2013. http://www.theses.fr/2013GRENE017.
Full textThe aim of this Ph.D. is to highlight the difficulties encountered by Consumer law when it meets the use of information technologies, and to propose operating solutions in Law which might be rational under economy requirements. Connected devices become more and more common. The consumer is frequently asked to conclude very thick contracts, with stakes hard to comprehend and almost consistently with an international overture. The material of this Ph.D. is composed by all the contracts concluded through the internet from a connected device, whose object is a totally dematerialised execution via information technologies. This constitutes the digital economy. Thanks to the unfair terms regulation, this Ph.D. will focus on the becoming of personal data, the geolocation, the contents protected by Intellectual property and all the restrictions of use those contents are subjected to. Among this work, the deficiencies of the different rules applicable to digital contents (personal data protection, Intellectual property, Consumer law) will be emphasized. Many suggestions and reviews will be envisaged into this Ph.D. in order to solve to the best the specific unbalances of the digital economy
Palazzoli, Fabien. "Exploitation de l'information brevets dans un laboratoire de recherche public : identification de niches de développement technologique en bioproduction en en thérapie génique." Thesis, Tours, 2011. http://www.theses.fr/2011TOUR4034/document.
Full textIn a world where the innovation race is increasing fast, it is of economic importance for an innovative company or a public research laboratory to develop a strategy for the protection and enhancement of its inventions is efficient Protection of results through patents is critical for the industrial development of biotechnology which are an innovative and promising sector where R&D requires considerable financial investments. Beyond this fundamental interest, patents are also a source of information on technological, legal and strategic, which can be exploited through patent landscapes. These studies are a key tool for decision supportin R&D since they allow to identify research strategies of competitors and technological niches free from of Intellectual Property rights
Robitaille-Froidure, Amélie. "Liberté d’expression et protection du mineur sur Internet : étude comparée des droits français et américain à l’aune du droit européen et international." Thesis, Paris 10, 2013. http://www.theses.fr/2013PA100163.
Full textLong-standing renowned, freedom of speech « regardless of frontiers » takes on its full meaning with the development and the massification of the Internet. As beneficial as it might be, the latter presents many risks for children. Among these risks, those which already occured on traditional meadias are emphasised in cyberspace. Simultaneously, Information and Communication Technologies induced new habits that created unprecedented dangers for minors. Though not imposing « cyberpaternalism », States don’t want the Internet to be a lawless space governed by « cyberlibertarians ». Trying to balance freedom of speech and protection of minors on the Internet, States have to admit that in cyberspace such a conciliation is very thorny
Terroux-Sfar, Florence. "Les règles de preuve et les évolutions du droit du travail." Thesis, Paris 10, 2012. http://www.theses.fr/2012PA100037.
Full textThe labor law knew during these last thirty years remarkable evolutions with the appearance of new information technologies and communication in the companies and, the creation of “justification’s requirement”. In the mean time employers are now obliged to detail the motivations of their actions and the employees are working more and more on informatics work station. It’s important to understand how these new characteristics have modified the application of the rules of the proof. If the proof’s burden seems to not have been affected by these evolutions, it is not the same about the proof’s object. Indeed, beyond the appearances, the new information and communication technologies lead to a modification of the proof object by giving to the employees the access of new elements of proof susceptible to influence the judge’s conviction. Besides, the “justification’s requirement” invites the judges to better control the employer’s decision. They have now the obligation to clarify their reasons for action. Concretely it means that, to support their claims, they can’t just argue objective facts to convince the judge but they have to justify the logic of their decisions. So, while the classic doctrine had for practice to expect relevant, controversial and questionable facts as proof objects, the “justification’s requirement” brings us to add “sensible facts" (facts articulated within a coherent speech). If at the first time, we could think that the “justification’s requirement” emergence will lead to subjective decision, we are obliged to admit the reinforcement of the judge control
Loukil, Faiza. "Towards a new data privacy-based approach for IoT." Thesis, Lyon, 2019. http://www.theses.fr/2019LYSE3044.
Full textThe Internet of Things (IoT) connects and shares data collected from smart devices in several domains, such as smart home, smart grid, and healthcare. According to Cisco, the number of connected devices is expected to reach 500 Billion by 2030. Five hundred zettabytes of data will be produced by tremendous machines and devices. Usually, these collected data are very sensitive and include metadata, such as location, time, and context. Their analysis allows the collector to deduce personal habits, behaviors and preferences of individuals. Besides, these collected data require the collaboration of several parties to be analyzed. Thus, due to the high level of IoT data sensitivity and lack of trust on the involved parties in the IoT environment, the collected data by different IoT devices should not be shared with each other, without enforcing data owner privacy. In fact, IoT data privacy has become a severe challenge nowadays, especially with the increasing legislation pressure. Our research focused on three complementary issues, mainly (i) the definition of a semantic layer designing the privacy requirements in the IoT domain, (ii) the IoT device monitoring and the enforcement of a privacy policy that matches both the data owner's privacy preferences and the data consumer's terms of service, and (iii) the establishment of an end-to-end privacy-preserving solution for IoT data in a decentralized architecture while eliminating the need to trust any involved IoT parties. To address these issues, our work contributes to three axes. First, we proposed a new European Legal compliant ontology for supporting preserving IoT PrivacY, called LIoPY that describes the IoT environment and the privacy requirements defined by privacy legislation and standards. Then, we defined a reasoning process whose goal is generating a privacy policy by matching between the data owner's privacy preferences and the data consumer's terms of service. This privacy policy specifies how the data will be handled once shared with a specific data consumer. In order to ensure this privacy policy enforcement, we introduced an IoT data privacy-preserving framework, called PrivBlockchain, in the second research axis. PrivBlockchain is an end-to-end privacy-preserving framework that involves several parties in the IoT environment for preserving IoT data privacy during the phases of collection, transmission, storage, and processing. The proposed framework relied on, on the one hand, the blockchain technology, thus supporting a decentralized architecture while eliminating the need to trust any involved IoT parties and, on the other hand, the smart contracts, thus supporting a machine-readable and self-enforcing privacy policy whose goal is to preserve the privacy during the whole data lifecycle, covering the collection, transmission, storage and processing phases. Finally, in the third axis, we designed and implemented the proposal in order to prove its feasibility and analyze its performances
Tsaousis, Georgios. "Le difficile équilibre entre sécurité et protection des données : comparaison des cadres juridiques français et grec sous l'influence du droit européen." Thesis, Dijon, 2014. http://www.theses.fr/2014DIJOD003.
Full textConfronted by his own violence and the forces of nature, man has consistently expressed the need to be protected. Since the creation of organized societies, the right of security has been a fundamental principle of his existence. Since the attacks of September 11th, 2001, the question of security is being brought up constantly in the media. The implementation of effective security policies is an exciting objective, a factor that strengthens the executive power. This objective has been characterized as a "pressing social need". However, in the purely textual level, the right of security does not appear explicitly as a constitutional norm. Security using the most advanced techniques requires, legally, the adaptation of law to the digital era. CCTV systems, mobile phones, the word-wide-web and automatic archiving constitute the new weapons of the police apparatus. As such, data processing forms the core of the new security guidelines. Nevertheless, using new technologies for reasons related to the maintenance of public order also requires another duty: respect for fundamental freedoms, law's obvious concern. However, the overestimation of security policies and the proliferation of security measures may cause some degradation and loss of the right of data protection, a fundamental principle of EU law since the adoption of the Lisbon Treaty. Faced with this challenge, law seeks the right balance between privacy and security. Of course, the equation is old, but the ways to solve it evolve due to technological advances that laugh at borders and undermine the state's inherent principle of territorial sovereignty. National laws also handle poorly the abolition of frontiers. Comparison between Greek and French legal systems, albeit with their differences, is a beautiful illustration of this fact, notably within the EU where national security, remaining the sole responsibility of the member states, creates disparities between national laws. In this environment the Independent Administrative Authorities of data protection of the compared countries remain at the margin, trapped in specific legal frameworks. Only the judge remains to the counterweight police abuse. In the current state of the constitutive treaties, protection of processed data for police purposes by the Luxembourg court is impossible. And the ECHR is the only european court capable of providing a balance between the two basic requirements: maintenance of public order and data protection. Indeed, it only exercises a proportionality test of the applied measures. Thus, establishment of a balance at least within the EU ultimately leads law towards the implementation of a unique approach to security policies through a possible revision of the Treaties
Ternynck, Élise. "Le juge du contrat de travail et la preuve électronique : essai sur l’incidence des technologies de l’Information et de la communication sur le contentieux prud’homal." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20015/document.
Full textProcedure in labour contentious matters is the most significant place to observe the judicial reception of e-proof. Pragmatism and flexibility of the elected industrial tribunal offers a field of study which is suitable to observe the axiological confrontation between ICT and labour law and to observe the practicalconsequences of the inclusion of such proof in the litigants’ argumentation. This research endeavours to demonstrate that the use of e-proof receives a mixed appreciation from the Judge of the contract of employment. Indeed, he adopts a paradoxical behaviour: on the one hand, he shows boldness and takes part in the recognition of the e-proof during the phase of producing evidence; but on the other hand, he seems to be reluctant to make use of it in an effective manner. The result of this study is disappointing when considering the credibility given to e-proof is not equal to its procedural utility; it deserves to be the subjectof a more ambitious approach and of a general and more in-depth reflexion