Terms of services

Article 1: Legal information 

The institutional website accessible at the URL: https://cnb.avocat.fr is the property of the Conseil national des barreaux (CNB), a public interest organisation with legal personality, whose registered office is located at 180 boulevard Haussmann, 75008 Paris, registered in the SIREN directory under number 391 576 964 and whose SIRET number is: 391 576 964 00046 - Tel: 01 53 30 85 60 - Email address:web@cnb.avocat.fr . 
The CNB is the publisher of the Website.

Article 2: Purpose and scope of the General Terms and Conditions of Use


The purpose of these General Terms and Conditions of Use (hereinafter the "GTCU") is to define the conditions under which the CNB operates its institutional website, which is intended to provide information to the public and lawyers, to give lawyers access to the services provided to them by the CNB, and to give CNB members access to the area dedicated to them.

The CNB reserves the right to modify these GTCU under the conditions set out in Article 15 below. Users are invited to consult these terms and conditions regularly in order to be aware of any changes made.

Article 3: Definitions 


The following words and expressions beginning with a capital letter, in the singular or plural, are used herein with the following meanings:
 
Solicitor
A natural person registered with one of the French bar associations in mainland France or an overseas department.
 
Terms and Conditions of Use or T&Cs
 
This document specifying the terms and conditions of use of the Website and Services.
 
National Bar Council or CNB
 
Public interest organisation with legal personality representing all lawyers practising in mainland France and the overseas departments and territories.
 
Equipment
 
All hardware and software, including the information system and networks, workstations, computers, mobile phones, email addresses and tablets, which the User uses to access the Service and for which they have sole custody and responsibility.
 

Private Area
 
Personal and secure management interface for Lawyers and CNB Members on the Website, which they can access using their Login Details.
 

Login details
 
Personal and confidential identification data of the Lawyer and CNB Members allowing authenticated access to their Private Area on the Website.
 

CNB Members
 
The 80 members elected for a three-year term and the two ex officio vice-presidents: the President of the Paris Bar and the President of the Conference of Bar Presidents currently in office.
 

Party
 
Refers to the CNB or the Users of the Website in the singular, and to the CNB and the Users of the Website in the plural.
 

Services
 
Refers to the services made available to Users on the Website by the CNB as described in the Terms of Use.
 

Website
 
Institutional website made available to Users by the CNB and accessible via the URL:https://cnb.avocat.fr, providing access to the Services under the terms and conditions set out in these Terms of Use.


User
 
Any natural person who has access to the CNB's institutional website.

Article 4: Acceptance and enforceability 


Users declare that they have obtained all necessary information from the CNB regarding the Services offered and unreservedly agree to these terms and conditions.

Users declare that they:
  • they have read and understood the terms and conditions governing the operation of the Website;
  • they have all the technical skills necessary to access and use the Site normally in accordance with the Terms and Conditions.
The Terms and Conditions are accepted by the User ticking a box on the Website. The User acknowledges and accepts that their commitment does not require a handwritten or electronic signature.

Users may only benefit from the Services offered to them on the Website subject to acceptance of these general terms and conditions.

The Terms of Use are enforceable as soon as they are accepted by the User.

Article 5: Terms and conditions of access to the Website 

5.1 General hardware and technical requirements
 
Access to the Website can only be offered to Users with a compatible computer configuration, meeting the following requirements:
  • They have a broadband Internet connection contracted with a well-known Internet service provider.
  • More generally, they have the equipment and hardware necessary to access and browse the Website.
5.2 Conditions of access to the Website and availability
 
Access to the Website is open to any User connecting from the URL:https://cnb.avocat.fr.
  
Access to the Website is free and open to any user with Internet access. All costs related to access, whether hardware, software or Internet access costs, are the sole responsibility of the User. The User is solely responsible for the proper functioning of their computer equipment and their Internet access.

The CNB strives to provide quality access and to enable Users to use the means of communication made available to them under the best possible conditions.

Due to the nature and complexity of the internet, and in particular its technical performance and response times for consulting, querying or transferring data, the CNB makes every effort, in accordance with best practice, to enable access to and use of the Website. The CNB cannot guarantee the absolute accessibility or availability of the Website.

The Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond the CNB's control and subject to breakdowns and maintenance operations necessary for the proper functioning of the Website, in particular technical or IT difficulties.

The CNB reserves the right, without notice or compensation, to temporarily or permanently close the Site or access to one or more remote services, in particular to carry out updates, maintenance operations, modifications or changes to operational methods, servers and hours of accessibility, without this list being exhaustive.

The CNB is not liable for any damage of any kind that may result from these changes and/or temporary unavailability or permanent closure of all or part of the Site or the Services associated with it.

The CNB reserves the right to supplement or modify the Site at any time in line with technological developments.

It is the user's responsibility to ensure that the IT and transmission resources at their disposal are capable of adapting to changes to the Site.

This site offers in particular:
  • Lawyers access to a space reserved for them, via secure access.
  • CNB members to access a space reserved for them, via secure access.
5.3 Conditions of access to the Lawyers' area
 
Lawyers may access the Lawyers' area:
  • Either by logging in with their E-barreau certification key;
  • Or, if they do not have an E-barreau certification key, using their CNBF username, their E-dentitas password and the OTP code received on their mobile phone after entering their username and password with OTP.
In this regard, the Lawyer undertakes not to communicate, disclose or transfer their username or password to another person. They are solely responsible for keeping them safe.

The Lawyer must notify the CNB as soon as possible of any unauthorised use of their username and password and any breach of the security of persons and information.

As a security or precautionary measure, the CNB reserves the right to refuse, prohibit and temporarily or permanently suspend access to the Service to Lawyers:
  • who do not comply with the above requirements,
  • who do not comply with the Terms of Use,
  • who are no longer Lawyers (in particular in the event of omission, temporary prohibition from practising, or removal from the Bar).
5.4 Conditions of access to the CNB Member area
 
CNB Members may access the CNB Member Area by filling in the "Email" and "Password" fields. The password is assigned by the CNB to each Member at the beginning of their term of office.

In this regard, CNB Members undertake not to communicate, disclose or transfer their password to any other person. They are solely responsible for keeping it safe.

CNB Members must notify the CNB as soon as possible of any unauthorised use of their password and any breach of the security of persons and information.

5.5 Security
 
The CNB makes every effort, in accordance with best practice, to secure the Website in view of the risk involved and the nature of the data processed.

The Site is an automated data processing system.
 
Users are prohibited from fraudulently accessing or remaining on all or part of the Site. They are prohibited from using any method of access other than the interface provided by the CNB. If such a method is discovered or if the User inadvertently enters a restricted area without authorisation, they undertake to inform the CNB immediately so that it can take the necessary measures.
 
Users are prohibited from deleting or modifying data contained on the Website, fraudulently introducing data into it, or even altering the functioning of the Website. In particular, they shall ensure that they do not introduce viruses, malicious code or any other technology that could harm the Website.
 
Any access to a prohibited area shall be considered fraudulent access.
 
The User undertakes to consider all data that they may have become aware of during such access to an unauthorised area as confidential and therefore undertakes not to disclose it.
 
In particular, the User shall refrain from any operation aimed at saturating a page or any operation that would hinder or distort the functioning of the Site.
 
The User undertakes not to use any devices or software of any kind that could disrupt the proper functioning of the Site.
 
The User undertakes not to take any action that would impose a disproportionate burden on the Site's infrastructure.
 
The User accepts the characteristics and limitations of the internet. They are aware that data circulating on the internet is not necessarily protected, particularly against possible misuse.
 
The User shall take appropriate measures to ensure the security of their own data and/or software from contamination by any viruses on the Internet.

Article 6: Description of Services
 
6.1. The public part of the Site provides Users with: 

  • information presenting the activities and actions of the CNB;
  • general information of interest to the legal profession;
  • events organised by the CNB;
  • a classified ads service;
  • directories of lawyers and professional organisations;
  • a subscription service for the CNB's newsletters.
6.1.1 Terms and conditions of access to the classified ads service
 
The CNB offers a classified ads service for professionals in the legal profession, enabling them to search for or transfer their client base, professional premises, IT equipment, find a job, etc.

This service is free of charge and is only available on the CNB website.

The CNB only grants authorisation for private viewing and personal use of the advertisements, to the exclusion of any public viewing or distribution. Authorisation for reproduction is only granted in digital form on the computer used for consultation, for the purpose of viewing the pages consulted by the browser software. Printing on paper is authorised for private copying for the exclusive use of the copier within the meaning of the Intellectual Property Code.

The author of the advertisement is solely responsible for its content.

The CNB cannot be held liable in any way for the publication of this advertisement.

A moderator may delete any classified ad prior to its publication or at any time during its publication and take it offline.

Advertisements will be posted online for a period of 30 days.

Advertisements posted will remain online for a period of 30 days. At the end of this period, the advertisement will be removed from the Website.

The author of the advertisement is informed that they may request that their advertisement be removed at any time by contacting the CNB.

6.1.2 Moderation
 
It is specified that all Users are prohibited from:
  • posting advertisements that are not related to the legal profession (i.e. seeking or transferring clients, professional premises, equipment, job advertisements);
  • if the User is a solicitor, to use the service to disseminate information that is contrary to the ethical rules of the legal profession, in particular by violating the professional secrecy to which they are bound, or the principles of dignity, collegiality, loyalty, discretion and tact;
  • publish advertisements that do not comply with the laws and regulations in force, in particular with regard to social law, intellectual property and the right to privacy;
  • publish an advertisement that includes one or more criteria relating to the age, gender, nationality, ethnic origin, philosophical or religious beliefs, political convictions, weight or physical appearance, trade union membership, physical or mental health, or sexual preferences of the job applicant;
  • publish an advertisement that implicitly or explicitly induces, promotes or condones racist, xenophobic, discriminatory or terrorist practices or behaviour, or violence against a person or group of persons;
  • publish advertisements containing offensive, obscene, defamatory or insulting language;
  • publish advertisements that require the payment of a sum of money in advance to apply for or obtain the position in the case of a job offer;
  • publish advertisements containing false or misleading allegations, particularly regarding the nature or description of the services or products offered in the advertisement.
It is specified that the classified ads service is subject to prior moderation for advertisements whose issuer is not a solicitor. A posteriori moderation is carried out for advertisements from a solicitor issuer.
 
In any event, the moderator may, at any time during its publication, remove any advertisement that does not meet the above conditions of validity and take it offline.

6.1.3 Role of the CNB
 
Through its classified ad service, the CNB connects Users with the aim of enabling them to search for or transfer their clientele, professional premises, IT equipment, find a job, etc.

The CNB does not intervene in relations between Users who place advertisements and Users who respond to an advertisement published on the Site. The CNB merely displays the content communicated by the User of the classified ad service and technically transmits messages.

The content of the messages exchanged is therefore strictly the responsibility of the Users, to the exclusion of any responsibility on the part of the CNB.

The CNB cannot under any circumstances guarantee the effective conclusion of a contractual relationship between them and does not take any commission on any transactions that may take place.

Under no circumstances does the CNB intervene in the formation or execution of any contractual relationship that may be concluded outside the Site between Users of the classified ads service.

The CNB reiterates that it does not act as an agent, guarantor, expert, surety, negotiator or auditor. It is therefore not bound by any obligations associated with these roles, particularly with regard to any guarantees that may be attached to them.

Finally, the CNB cannot, under any circumstances, be held liable in any way whatsoever in the event of a dispute or litigation between Users of the classified ad service, resulting in particular from the conditions of presentation of the offer, negotiations, formation, non-formation, performance, breach, and the consequences of the breach of the contract that may be concluded between the parties concerned.

6.2. The Lawyers' Area centralises access to digital tools and Services reserved for lawyers, including: 
  • The Lawyers' Encyclopaedia;
  • The E-Barreau service;
  • The legal consultation platform.
6.3 The CNB Members' Area provides CNB members with information related to the life of the Institution and the exercise of their functions (agendas of general meetings, committees, etc.).
 
Article 7: Responsibilities of the CNB
 
The CNB is responsible for providing the Services within the framework of an obligation of means for any direct, material and foreseeable damage of any kind whatsoever.

The User acknowledges and accepts that the CNB cannot be held liable for:
  • damage resulting from its own actions and/or those of a third party and/or a case of force majeure,
  • indirect damage within the meaning of the provisions of the Civil Code.

Furthermore, the CNB assumes no commitment or liability of any kind whatsoever with regard to:
  • The consequences of any interruption or failure of the Internet network and/or Internet access services;
  • The consequences of the User's failure to comply with the T&Cs;
  • The accuracy of the data provided by Users in connection with the use of the Services;
  • The consequences of failure and/or security breaches in a User's Equipment (computer, telephone, etc.);
  • Negligence in the use of the Services by the User;
  • The content of advertisements posted on the Website.

Article 8: User responsibilities

The User is responsible for their use of the Services on the Website and for the Equipment they use. The User undertakes to use the Services under their sole responsibility. They are solely responsible for using the Services in accordance with the provisions herein.

The User undertakes to use the Site, the dedicated areas and the information to which they have access solely in accordance with the terms of use set out herein.

Article 9: Intellectual Property 


The general structure of the website, as well as the texts, images (animated or otherwise), sounds and photos, are the property of the National Bar Council.
 
Any total or partial representation of this website by any entity or person whatsoever without the express authorisation of the National Bar Council is prohibited and would constitute an infringement punishable under the Intellectual Property Code.
 
The same applies to any databases appearing on the Website, which are protected by the provisions of the Intellectual Property Code.
 
The trademarks of the National Bar Council and its partners, as well as the logos appearing on the website, are registered trademarks.
 
Any total or partial reproduction of these trademarks or logos, made from elements of the website, without the express authorisation of the National Bar Council, is therefore prohibited, within the meaning of the Intellectual Property Code.
 
Other distinctive signs, including company names, trade names, signs and domain names reproduced on the website are the property of the National Bar Council or third parties. Any reproduction without authorisation may render the perpetrator liable under Article 1240 of the Civil Code.

Article 10: Protection of personal data 

10.1 General provisions
 
The Conseil national des barreaux (180 boulevard Haussmann – 75008 Paris), in its capacity as data controller, collects and processes personal data for the purposes of, in particular, managing and monitoring the services offered on its website, such as subscription to the CNB's newsletters, the posting of advertisements, the management of the professional events calendar, the accounts of lawyers and members of the CNB, the national directory of lawyers, , specialisation applications, applications for admission of foreign lawyers, and the analysis and measurement of website traffic.

For more information about the processing of your data, please consult the privacy policy by clicking here

10.2 National directory of lawyers
 
Please note that the data available in the national directory of lawyers in France, which is published by the National Bar Council in accordance with the duties assigned to it by Article 21-1 of the Law of 31 December 1971, comes directly from the information registered by lawyers with their bar association. It is updated daily to ensure its quality.
 
Consequently, the CNB is unable to make changes to this category of data, nor can lawyers modify it via the website.
 
In the event of an error, obsolescence, incompleteness or, in general, if changes to this data are necessary, the Lawyer is invited to contact their bar association immediately or, for Parisian lawyers, the professional practice department of their bar association.
 
10.3 Rights of data subjects
 
In accordance with the regulations, you have the right to request access to, rectification, portability and erasure of your personal data, as well as restriction of processing.
 
You may also request to object to the processing of data concerning you.
 
You may also withdraw your consent at any time where it constitutes the legal basis for processing, without affecting the lawfulness of processing based on consent before its withdrawal. Finally, you have the right to formulate specific and general guidelines concerning the storage, erasure and communication of your data after your death.
 

Specific post-mortem instructions and the exercise of these rights should be communicated to the Data Protection Officer by sending:
  • Either an email to the following address:donneespersonnelles@cnb.avocat.fr
  • Or a letter by post to the following address: Conseil national des barreaux - Délégué à la protection des données - 180 boulevard Haussmann - 75008 Paris.
The applicant must provide proof of identity by any means.

You also have the right to lodge a complaint with the CNIL.
For more information about your rights regarding your data and how it is processed, you can consult the privacy policy by clicking here.  

10.4 Use of cookies 

Users are informed that when they visit the website, cookies may be automatically installed on their browser.

For more information, please read the CNB's "cookie policy" by clicking on this link. This policy can be consulted at any time on the Website.

Article 11: Modifications 

The CNB may make changes to the Services and these Terms of Use at any time. Users will be informed of any changes by any means at the CNB's discretion.
 
The latest T&Cs in force will be available on the Website via a link that can be downloaded from the Website.
 
For the avoidance of doubt, the transfer of the Terms of Use to a third party of the CNB's choice does not constitute a modification within the meaning of this article.

Article 12: Termination of the Terms and Conditions and closure of dedicated areas 

In the event of a breach by one of the parties of the obligations herein that is not remedied within thirty (30) days of the sending of a registered letter with acknowledgement of receipt notifying the breach in question, the other party may automatically terminate or cancel these Terms and Conditions without prejudice to any damages to which it may be entitled hereunder.

Any omission or removal of the Lawyer shall result in the closure of their reserved space on the Website.

The expiry of the term of office of one of the Members of the CNB shall result in the closure of their reserved space on the Website.

Article 13: Miscellaneous provisions 


13.1 Tolerance
 
The Parties mutually agree that the fact that one of the Parties tolerates a situation does not have the effect of granting the other Party any acquired rights.

Furthermore, such tolerance cannot be interpreted as a waiver of the rights in question.

13.2 Sincerity
 
The Parties declare that these commitments are sincere.

As such, they declare that they have no knowledge of any information which, if disclosed, would have altered the consent of the other Party.

13.3 Independence of the Parties
 
The Parties acknowledge that they are acting on their own behalf and shall not be considered agents of each other.

These general terms and conditions do not constitute an association, a franchise or a mandate given by one Party to the other.

Neither Party may make any commitment on behalf of or for the account of the other Party.

Furthermore, each Party remains solely responsible for its own acts, allegations, commitments, services, products and personnel.

13.4 Subcontracting
 
These general terms and conditions may be subcontracted by the CNB.
 
13.5 Force majeure
 
Initially, cases of force majeure shall suspend the application of these general terms and conditions.

If the force majeure events last for more than two months, these general terms and conditions shall be automatically terminated, unless otherwise agreed by the parties.

Expressly, cases of force majeure or fortuitous events are those usually recognised by the case law of French courts and tribunals.

13.6 Title
 
In the event of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of the articles of these general terms and conditions and any of the articles, the titles shall be declared non-existent.

13.7 Nullity
 
If one or more provisions of these terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a decision that has become final by a competent court, the other provisions shall remain in full force and effect.

13.8 Entire agreement
 
These general terms and conditions express the entirety of the Parties' obligations.

No general or specific condition appearing in the documents sent or submitted by the User may be incorporated herein.
 
13.9 Proof
 
In addition to the legal provisions recognising the probative value of digital documents, Users acknowledge the validity and probative force of emails, text messages and notifications sent by the CNB, scanned documents exchanged between them in connection with the Services, and all electronic records kept by the CNB in connection with the Services.

Article 14: Applicable law 

These Terms of Use are subject to French law.

This applies to both substantive and procedural rules, regardless of the place of performance of the substantive or ancillary obligations.

Date of last update: 17 June 2022