Technology

We advise businesses, technology companies, digital service providers, start-ups, electronic communications operators, online platforms and financial institutions on the design, development and operation of technology products and services.

Our practice combines regulatory, contractual, compliance, intellectual property, data protection, cybersecurity and dispute resolution expertise, with a particular focus on liability, operational resilience, digital content governance and the legal sustainability of business models based on data, software, platforms and cloud services.

Regulatory Advice and Digital Compliance

We advise clients on:

•       electronic communications, connectivity services, networks and digital services, including services provided for consideration or free of charge;
•       machine-to-machine (M2M) mobile communication protocols and tools, the Internet of Things, connected systems and data-flow management;
•       digital services, online platforms, marketplaces, social networks, search engines, content-sharing services and intermediary services;
•       transparency and information requirements, content moderation, notice and complaint-handling procedures, online advertising, recommender systems and relationships with users, consumers, professionals and business users;
•       the application of European and national rules governing intermediary services and online platforms, including the designation of representatives, cooperation with public authorities and the handling of illegal content;
•       editorial and multimedia content, audiovisual services, video- and audio-sharing platforms, audiovisual commercial communications, sponsorships and digital advertising;
•       personal data protection, cookies and tracking technologies, data governance, data sharing and reuse, profiling and the management of data generated by connected devices;
•       cybersecurity, the security of networks and information systems, incident management, notification obligations, business continuity, supply-chain risk management and relationships with ICT providers;
•       the legal and regulatory framework applicable to start-ups, scale-ups and high-tech companies, including governance structures, investments, technology transfer, incentives and relationships with industrial and technology partners;
•       smart-home technologies, robotics, connected and automated vehicles, drones and autonomous systems, with regard to safety, liability, authorisations, data processing and the use of communication systems;
•       gaming, online gaming, betting and digital services subject to licensing requirements or specific user-protection obligations;
•       artificial intelligence and automated systems, including the classification of systems, governance, risk management, documentation, transparency and liability throughout the technology value chain.

Cloud Computing, Data Centres and Cybersecurity

We advise customers and providers on the structuring and review of cloud projects, with particular regard to:

•  service classification and the identification of the most appropriate technological and contractual model, including SaaS, PaaS, IaaS, public, private, hybrid and multicloud environments;
•   the framework established by the Italian National Cybersecurity Agency (Agenzia per la Cybersicurezza Nazionale – ACN) and the requirements applicable to cloud services provided to public administrations, including qualification, security levels, resilience, business continuity, data localisation and management, subcontracting and oversight of the technology supply chain;
•  the risks associated with data centres, critical infrastructure, managed services, managed security services and providers established outside the European Union;
•  the negotiation of service levels, availability commitments, recovery times, backup, disaster recovery, portability, interoperability and service-exit procedures;
•  data access, audits, registers and logs, cooperation with public authorities, the handling of third-party requests and information-protection measures;
•  the management of incidents, vulnerabilities, data breaches and cyber crises, including escalation procedures, cooperation obligations and communications;
•  the procurement of ICT goods and services in strategic contexts and the assessment of security requirements, certifications and supplier controls;
•  cloud services and technology outsourcing in the financial sector, with particular attention to digital operational resilience, ICT third-party risk, critical providers, continuity plans and exit strategies;
•  the transfer, migration, segregation and deletion of data, as well as ownership and usage rights in relation to data, models, configurations and developments created in cloud environments.

IT and Technology Contracts

We draft, negotiate and review contracts relating to:

•       outsourcing, managed services, support and maintenance services;
•       cloud computing, hosting, housing, colocation and data-centre services;
•       the development, implementation, customisation, integration and maintenance of IT projects;
•       software development, licensing, SaaS, open-source software, escrow arrangements, updates and software   distribution;
•       research and development, technology-transfer, co-development and joint-development agreements;
•       agency, distribution, resale, technology-partnership and white-label agreements;
•       agreements relating to platforms, marketplaces, APIs, digital services, mobile applications and payment  systems;
•       agreements concerning the processing, sharing, access to and interoperability of data;
•       connectivity, M2M, IoT, connected-vehicle, smart-home and robotic-system agreements;
•       licences and authorisations for audiovisual, musical, editorial, photographic, software and other digital content online advertising, programmatic advertising, influencer marketing, sponsorship, affiliate marketing and  content-monetisation agreements;
•       agreements relating to gaming, e-sports, in-app services, digital purchases and subscription models.

E-commerce, Websites and Online Platforms

We advise businesses and digital operators on the design and operation of e-commerce models and online activities, including:

•       the drafting of B2B, B2C and B2G agreements and terms of sale;
•       website, application and platform terms of use;
•       privacy policies, cookie policies, privacy notices and consent-management mechanisms;
•       registration, authentication, identity-verification and account-management procedures;
•       the legal framework governing the conclusion of online contracts, distance contracts and contracts concluded  by telephone or electronic means;
•       pre-contractual content and information, payments, subscriptions, automatic renewals, withdrawal rights, warranties, complaints and dispute resolution;
•       marketplaces and intermediary platforms, including relationships among platform operators, professional sellers, consumers and other business users;
•       the management of user-generated content, notice systems, moderation, suspension and removal of content;
•       online advertising, commercial communications, advertising profiling, influencer marketing and sponsorship transparency;
•       editorial and multimedia content, online publications, streaming, podcasts, video, audio, newsletters and digital information services.

Intellectual Property, Software, Data and Digital Content

We advise on the protection, exploitation and enforcement of rights relating to:

•       software, applications, source code, interfaces, architectures, technical documentation and IT systems;
•       websites, databases, datasets, metadata, digital content and information assets;
•       patents, trade marks, designs, know-how, trade secrets and other industrial property rights;
•       editorial, musical, audiovisual, photographic and graphic works, including content produced or distributed through online platforms;
•       user-generated content, materials uploaded, shared or embedded through embedding technologies, indexing systems, search engines and caching services;
•       licences, authorisations, releases, assignments and collective rights-management agreements;
•       economic exploitation rights, neighbouring rights, moral rights, data rights and rights relating to subsequent processing, adaptations and further developments.

Fintech, Digital Payments and Crypto-Assets

We advise banks, payment institutions, electronic-money institutions, technology companies and start-ups on the development and operation of:

•       e-wallets, digital payment instruments and innovative payment services;
•       electronic money, tokens, crypto-assets, stablecoins and blockchain-based infrastructures;
•       crowdfunding platforms, financial marketplaces and digital intermediation models;
•       agreements with banks, payment service providers, technology providers and infrastructure operators;
•       security controls, business continuity, ICT risk management, outsourcing and digital operational resilience;
•       anti-money laundering procedures, user protection, transparency, complaint handling and relationships with supervisory authorities.

IT Litigation, Regulatory Authorities and Proceedings

We provide assistance in proceedings and disputes concerning:

•       breaches of IT contracts, SLAs, licences, outsourcing agreements and cloud-service agreements;
•       unavailability, malfunction, loss or compromise of data and systems;
•       online infringements of intellectual property, copyright, trade marks, patents and trade secrets;
•       the liability of hosting providers, platforms, search engines, digital service providers and technology operators;
•       the removal, blocking, disabling or restoration of content and accounts;
•       advertising campaigns, sponsored content, reviews, ranking systems, commercial practices and relationships with consumers and users;
•       breaches of data-protection, cybersecurity and electronic-communications legislation;
•       interim measures, injunctions, disclosure orders, information requests, seizures and the collection and preservation of digital evidence;
•       proceedings before the competent regulatory and supervisory authorities, including data-protection, communications, competition, cybersecurity and financial-services authorities;
•       domestic and cross-border disputes concerning online conduct, platforms and technology services.

Our Notable cases: Legal 500