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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:

  1. 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.).

  2. 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.

  3. 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).

  4. 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.).

  5. 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:

  1. 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".

  2. 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).

  3. 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).

  4. 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.

  5. 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".

  6. 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.

  7. 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).

  8. 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".

  9. 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.

  10. 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".

  11. 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).

  12. 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).

  13. 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".

  14. 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").

  15. Assistance in completing all activities in connection with Public Administration on line services.

  16. 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.

  17. 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.

  18. Legal assistance on legitimate on-line Gambling (betting, games, promotions, web prize contests).

  19. 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.

  20. 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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