The team of professionals assigned to this area consists of lawyers specialised in the variety of legal problems that arise: Telecommunications, Internet and Electronic Commerce, Computer Law. Our work offers the client an integral service, analysing the specific problem of each business, aiming for preventive security and correcting the mistakes that could be produced.
Technologies / Information Technology
Advising businesses on technology, software, hardware, networks, operators and service providers.
- Mergers and acquisitions of technology businesses
- Advising on obtaining permits and licences
- Acquisition or sale of immaterial assets
- Software contracting
- Systems contracts. ASP, hosting, housing
Intellectual property in Web Sites
The protection of your trademarks, distinctive signs and other elements of intellectual and industrial property, are of the utmost importance, and demanding legal advice on the part of specialists. BROSA helps to avoid the improper use of intellectual and industrial property assets. We advise on such themes as:
- Prediagnosis and due diligence of the intellectual property of webs and portals
- Protection of your rights before links and frames unlawfully used
- Specialties in advertising carried out through Web Sites and Portals
- How to protect contents, data bases (deep linking), digital designs, and, in general, the intellectual property of the business
Internet contracting and electronic commerce
The Internet provides a revolutionary avenue of business with an incalculable potential, but also a new legal framework for contracts, whose characteristics ought to be noted in specific form. Our advice offers the appropriate answers in each case:
- Preliminary diagnosis and due diligence of e-business
- How to contract on the Internet
- What requirements should be considered when offering products and services through the Internet
- How to set your Web Site to fulfil the legal contractual requirements
- How to establish the conditions and general terms of contracts to contract with businesses or consumers, in accordance with domestic and community legislation
- What implications and risks to cover in international on-line contracts
Security in the methods of payment: and in transactions: the electronic signature
The electronic signature, used appropriately, offers the same guarantees and effects as the written signature. Our professional services allow you to adopt the appropriate methods of payment and a complete and secure framework for the electronic signature.
Our advice is directed in this area, to businesses certifying by electronic signature and to telecommunication operators who have it in mind to develop their services using secure mechanisms of electronic signatures.
Special reference to the CPS and the system of contractual and extra contractual liability established in the said practices and that affect the electronic contract with an electronic signature.
Likewise, the security of transactions and methods of payment are obligations on all businesses that offer their products on the Internet, taking into account the circumstances of each business.
The domestic and international labour market has been affected by New Technologies and the legal trade through the network.
The so-called Telework is one of the clearest exponents of this evolution. Our professionals advise businesses on the decision whether or not to register a Collaborator/Worker, analysing the company liability with respect to the contribution to Social Security and the prevention of occupational hazards.
They treat also the repercussions that could arise from the creation of new professions, with new and private contracts, specific clauses in working from home, confidentiality, training, new systems of payment and permanency.
Finally, our professionals analyse the possibilities of productive decentralisation of business services traditionally assumed by the business.
Protection of personal details
Electronic commerce allows access to information and details about users/consumers that can be unlawfully used.
The details of businesses and individuals should be handled appropriately, with the specific legislative obligation and fulfilling the established mechanisms of control. The treatment of those details presents important particularities when transmitted or stored, together with the imposition of fines for failing to comply.
We advise businesses as to the appropriate method to obtain and manage personal details. We also direct and set up the filing process of details before the Protection of Details Agency. As well, we defend the business before possible inspections by the Protection of Details Agency and before possible claims and contingencies of internauts or holders of details.
Protection and registration of domain names (DNS)
We offer the most complete advice on registering domain names, generic or territorial, from the application and receiving to the defence before third party challenges.
Our professionals act against the unlawful use on the part of a third party (cybersquatters) of a domain name of a business or institution, by means that guarantee a quick solution and obtain the transfer of the domain name in favour of the legitimate holder.
Taxation of electronic transactions
The international on-line contract creates a specific tax problem, principally in indirect taxes (VAT), that especially concerns businesses.
Our Department counts on taxation experts specialised in electronic transactions, who analyse each case separately to identify the concrete problem, and providing the appropriate taxation solutions.
Mobile commerce (mcommerce)
- Advice on how to extend the limitations that the WAP technology imposes in front of the current legislation (the dimensions of the screen and the principle of one click). Analysis of the general conditions of contracting through the mobile
- Use and permission of locating 2.5 generation mobiles by satellite (GPRS) and in the future UMTS. Advice on the legal implications of the said locating
- Study on the methods of payment
The contract with consumers determines specific regulations that protect same, which should be followed from the moment of offer to the consignee until the transaction is finalised. Our advice protects the business from possible claims from consumers and users, limiting where possible its contractual and extra contractual liability. Defence in mediation and consumer arbitrations.
Access to the market of Telecommunications
Advice about the method of access, especially concerning the titles required (Individual Licence, General Authorisation). We assist operators with a licence from the earlier system to enter the LGT (e.g. cable operators). Special attention to the preparation of administrative specifications in applying for the title, in collaboration with the technical team.
Access to networks and services
– Advice on the negotiations and agreements for interconnection with the dominant operator or other operators with their own networks, as well as advice and negotiation of agreements of itinerants. Choosing the system for resolution of conflicts (adjustments according to established cases: CMT arbitration system, Ordinary Courts of Justice).
Regulating agents in the sector
Advice in relations with regulating authorities.
Special attention to relations with the dominant operator. Examination and evaluation of foreign investments in this sector and legal requirements of entry for foreign operators.
Obligations of public service
Advice on the legal obligations of a public service, categories and subjects subjected to these obligations. Special attention to the “Universal Service”. Guide to the obligatory services of Telecommunication: emergency services through the number “112”, telex, telegraphic etc.
Specific advice to the audiovisual sector (radio and television)
Legal advice on the consequences of diverse technologies that act as support for the transmission (waves, digital, cable, satellite, Internet). Advice on licences, concessions and other titles both for radio and television.
Legal assistance specifically for operators with a provisional situation, immersed in inspection processes and authorizations from the different relevant administrations (State and Autonomous). Advice to the operators entering the market, with special attention to the different legal forms and other requirements demanded in methods of social communication, especially in applying for the administrative concession.