Media and Information Technology
The well respected Telecommunications, Media and Information Technology practice group at Tonucci & Partners has provided legal and regulatory advice to the European Commission. We drafted the Italian part of the Green Book on the multimedia offering (COM(94)682 def.) and supervised the telecommunications, multimedia and audio-visual legislative alignment reform of certain Center-Eastern Europe Countries, including Poland, Albania, Slovenia and the Slovak Republic.
Our practice group assists telecommunication, broadcasting and information technology companies on regulatory and commercial issues relating to market liberalization.
Our team of lawyers also assists leading telecommunication companies on introduction and regulation of services, broadcasting and access discipline, use of scarce frequencies, formation of mobile and wireless services consortiums, numbering range capacity, antitrust , radio frequency and satellite service assignation. Our Firm has assisted consortia in setting up GSM mobile telephony services and in the issuing process of the third mobile telephony license in Italy.
Additionally, our Firm has acted as global advisor for national and international telecommunication carriers on matters of telecommunication and information technology services, including the launch of services, numbering policies, numbering selection and capacity, authorization and license, antitrust, connectivity, radio and satellite frequencies assignation. We supervised terminal homologation and assisted telecommunication operators in complying with the applicable legal and regulatory framework.
The Telecommunications, Media and Information Technology practice group provides specialized services on telecommunications matters, including the following:
Legal and regulatory: Legal and regulatory update services, public relations with regulatory authorities, advice on preparing, drafting, filing and monitoring authorization requests for the provision of telecommunication and electronic communication services;
Homologation: Assistance and supervision in the homologation, authorization, certification and testing procedures of telecommunications network apparatus, nodes and centrals;
Administrative: Includes all activities linked to the different stages of evaluation, preparation of documents, monitoring of the requests for excavations, passage, authorization and license, and assistance in dealing with Public Administration officials;
Contractual: Assistance in drafting commercial contracts and preparing model-contracts for the services offered.
Information Technology e Internet
Our practice group is specialized in providing legal assistance in information and communication technology matters. Below is a list of the principal specialized services offered by our practice group.
With reference to the activities necessary to the start up and maintenance of online initiatives, our services include the following:
- Legal assistance in negotiation and drafting ICT contracts, including Internet website development and management contracts, software license agreements, software development and marketing agreements, hardware and software maintenance agreements, computerized services agreements, back up agreements, facilities management agreements, information consulting agreements, Internet service agreements, hosting and housing agreements.
- Assistance in the administrative procedures relating to the request for domain names assignation, including related availability check, to the Italian registration authority (for country code top level domain .it) and international registration authorities for what concerns all other gTLD suffixes (com, org, net, int, edu and the new suffixes set by EU and ICANN).
- Assistance in requests for web-based business licenses, including issuing SIAE licenses for use of SIAE copyrighted music library on the internet and through mobile telephones, ringtones, dedications, multimedia usage; integrative agreements for fee based downloads and multimedia business start up declarations.
- Assistance in connection with administrative procedures relating to the filing of the E- commerce business start up declaration with the municipality where the company legal office is located.
With respect to online activities, including electronic commerce activities generally such as Business-to-Business, Business-to-Consumer, Consumer-to-Consumer, Intra-Business, Business-to-Employees, our practice group provides legal assistance on various issues, activities and regulatory requirements, including among others the following:
- Electronic commerce activities according to Italian Legislative Decree no. 70 of April 9, 2003 on the adoption of Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the internal market.
- Compliance with technical and normative requirements for secure money transfers and web-based payments.
- Operational, technical and legal aspects in connection with the implementation of electronic documents regulations according to Italian Legislative Decree no. 82 of March 7, 2005 on the Digital Administration Code, as subsequently modified and amended.
- Management of contractual relationships and execution of electronic agreements outside the business premises with consumers and business counterparties.
- Electronic communication services according to Italian Legislative Decree no. 259 of August 1, 2003 containing the Electronic Communications Code.
- Commercial and advertising promotion activities for web-based products and services, with particular reference to Internet sponsoring and advertising activities.
- Internet-based broadcasting technologies, streaming, web-casting, digital platforms, satellite platforms and internet access services.
- Performance of online activities when dealing with Public Administrations.
- Internet banking, online trading and on web-based financial intermediary services in compliance with applicable laws and regulations.
- Organization and management of online auctions.
- Organization and management of lawful online gambling activities, including betting, games, promotions and web prize contests.
- Technical and legal issues in connection with unlawful activities of third parties, including piracy, viruses, abusive system access and damaging hardware and software.
- Internet Service Providers liability.
- Use of internet and ICT technologies by central and local Public Administrations, including the use of certified electronic mail, pursuant to the Digital Administration Code (Italian Legislative Decree no. 82 of March 5, 2005).
Our firm also provides assistance on the protection of intellectual property rights on the web, the protections of computer programs and electronic databanks and the protections of web publishing. For more information please see the Intellectual Property practice group.