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The Information Technology and Internet Law Department is specialized to provide
legal and technical assistance in all matters of Information & Communication
Technology.
Below is a list of specialized services offered by the Department; the services
cover all necessary operations for the start up of on-line initiatives:
- Legal assistance in drafting ICT related contracts (Internet web sites
development and management contracts, software license of use contracts,
software development and marketing contracts, hardware and software maintenance
contracts,
computerized services contracts, back up contracts, facilities management
services supplying contracts, informatics consulting contracts, Internet
service providing
contracts, hosting, housing, etc.).
- Administrative procedures for domain names assignation requests (upon
availability check) to the Italian Registration Authority (Country Code Top
Level Domain .it) in compliance with the Naming Rules - Version 4.0
in force from 2 August 2004.
- Administrative procedures for domain names assignation requests (upon
availability check) to the international Registration Authorities for what
concerns all other gTLD suffix (com, org, net, int, edu, etc., besides the
new suffix set by EU and ICANN).
- Requests for web based business licenses (i.e. issuing SIAE license
of use for SIAE copyrighted music library on the internet and through mobile
telephony:
ringtones, dedications, multimedia usage; integrative agreements for fee
based downloads, multimedia business start up statements, etc.).
- Administrative procedures management when filing the DIA 6-bis form
(E- commerce business start up) with the municipality where the company's
legal seat is based.
Legal assistance on On-line and web-based business operations requires consideration
for all national and international legal, normative and technical bonds. The
Italian discipline on Information Technology in a broad sense may be considered
one of the most complete at the European level.
Concerning on-line activities (including electronic commerce in a broad sense:
Business-to-Business, Business-to-Consumer, Consumer-to-Consumer, Intra-Business,
Business-to-Employees), the Firm offers a variety of services covering technical,
legal and logistic needs such as:
- Legal assistance on Electronic Commerce business management according
to the normative framework introduced by the Legislative Decree 9 April 2003
n. 70 "transposition of the 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, including the new discipline relative to "electronic
money" (L.39/02, articles 55 and 56 transposing the EU Directives 2000/28
and 2000/46).
- Operational, technical and normative aspects for electronic documents
as set out in the Presidential Decree 28 December 2000 n. 445 Unified Text
of legislative and regulatory provisions on administrative requirements for
electronic documents (the relative discipline of 445/2000 Unified Text has
been abrogated with effect from 1 January 2006, when the rules of the Digital
Administration Code, approved with Legislative Decree 82/2005, will be enforced),
including the technical directives in the circulars of National Commission
for Informatics in Public Administration (CNIPA).
- Operational, technical and normative aspects connected to the application
of the provisions set out in the Legislative Decree 10/2002 on digital signature
(abrogated with effect from 1 January 2006, deadline for the enforcement
of the Digital Administration Code, approved with Legislative Decree 82/2005),
including the co-ordination discipline between the Decree 10/2002, the Presidential
Decree 445/2000 and the Presidential Decree 7 April n. 137.
- Intellectual property protection on the web in a broad sense with special
regard to web copyright protection according to the Legislative Decree 9
April 2003 n. 68 "Enforcement of EU Directive 2001/29 of European Parliament
and of the Council of 22 May 2001 on the harmonization of copyright and information
society's rights" and according to the law 21 May 2004, n. 128 "Enacting,
with amendments, of the Decree 22 March 2004, n. 72, to contrast the abusive
electronic diffusion of audio-visual material and to sustain cinema and entertainment's
activities".
- Domain names protection at national (see also the services offered
by the Domain Names Disputes Department) and international levels (the Firm
has
represented and defended before the World Intellectual Property Protection
Organization of Geneva numerous domain names' rights holders), and
industrial property protection in on-line transactions.
- Computer software programs and electronic databanks protection, especially
concerning the normative bounds set out in the Legislative Decree 29 December
1992 n. 518 "Enforcement of EU Directive 91/250 relative to the legal
protection of computer software programs" and as set out in the Legislative
Decree 6 May 1999 n. 169 "Enforcement of EU Directive 96/9 relative to
databanks legal protection"), including the administrative procedures
at S.I.A.E. (i.e. software registration in the Software Public Registry).
- Fiscal assistance in connection with internet based sale of goods and
services (taxation issues for direct and indirect e-commerce operations)
involving national or EU and international legislations (i.e. OECD Convention
Model for
taxation of electronic commerce operations, Regulation (EU) n. 792/2002 7/May/2002
temporarily amending the Regulation (EU) n.218/92 on administrative co-operation
in the field of indirect taxation (VAT) as regards additional measures regarding
electronic commerce; Legislative Decree 1 August 2003, n. 273 transposing
the EU Directive 2002/38 7 May 2002 temporarily amending the EU Directive
77/388
EEC as regards the value added tax arrangements applicable to radio and television
broadcasting services and certain electronically supplied services; assistance
in electronic invoicing according to the Legislative Decree 20 February 2004
n. 52 "Transposing of EU Directive 2001/115 with a view to simplifying,
modernizing and harmonizing the conditions laid down for invoicing in respect
of value added tax" and according to the numerous Memorandums issued
by the Agenzia per le Entrate (Tax Bureau); assistance on Ministry of Finance
and Economy Decree 23 January 2004 "Fiscal duties fulfillment modalities
as regard electronic documents and their reproduction on different types of
media".
- Legal assistance in drafting ICT related contracts, including electronic
contracts, on-line and distance contracts with customers (with special regard
to the provisions set out in the Legislative Decree 22 May 1999 n. 185 "Transposing
of EU Directive 97/7 on consumer protection for distance contracts",
in the Decree 114/98 regarding the reform of commerce discipline and in the "Consumer
Code") and with companies.
- Legal assistance in electronic communication services according to
the Legislative Decree 259/2003 containing the "Electronic Communications
Code"; services include assistance in Wi-Fi connections matters according
to the Minister of Communication Decree 28 May 2003 "Regulation of Wi-Fi
public services".
- Data Protection of the parties involved in transactions and safety
of the personal information requested to complete negotiations, in compliance
with the applicable rules for data processing and circulation and in particular
with the Data Protection Code (Legislative Decree 30 June 2003 n. 196 - see
also Data Protection Department).
- Legal and contractual assistance on commercial and advertising promotion
activities for web products and services, with special reference to Internet
sponsoring and advertising issues (i.e. new typologies of advertising banners
set by the International Advertising Board).
- Legal assistance connected to Internet based broadcasting technologies,
streaming, web-casting, digital platforms, satellite platforms; assistance
on internet services access matters according to the Law 8 April 2002, n.
59 "Discipline
on supply of internet access services".
- Legal assistance connected to the publishing sector reform (L. 62/2001),
with reference to new multimedia products on the web (including the duties
set out in the law 15 April 2004, n. 106 "Norms relative to the legal
registration of documents of cultural interest intended for public use").
- Assistance in completing all activities in connection with Public Administration
on line services.
- Legal assistance on Internet banking, on-line trading and on web based
financial brokerage, in compliance with Consob Communications and with banking
and credit legislation; advice takes into consideration the normative framework
set in the EU Directive 2002/65 of European Parliament concerning distance
selling of financial services to consumers, transposed in Italy by means
of the legislative decree 190/2005.
- Legal advice on On-line auctions, according to the Minister for Productive
Activities Circulars of June 17, 2002 no. 3547/C; legal assistance on E-procurement
takes into account the Presidential Decree n. 114 of 4 April 2002 regulating
the on-line purchase of goods and services by Public Administrations.
- Legal assistance on legitimate on-line Gambling (betting, games, promotions,
web prize contests).
- Legal assistance relative to technical and legal issues connected to
third parties illegitimate activities (piracy, viruses, abusive system access,
hardware
and software damaging, etc.) based on the Law 23 December n. 547 "Amendments
and additions to the criminal code norms on informatics crimes" and
on EU and Europe Council Cyber Crime regulations.
- Assistance on the use of Internet and ICT technologies by central and
peripheral Public Administrations and Entities (even Regions, Provinces and
Municipalities), including advice on E-Government and E-Democracy strategies
and advice on how to use the on-line services of the web-portal www.italia.gov.it.
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