Civil and Administrative Litigation in Regulated and Digital Sectors

The Firm advises and represents companies, businesses, public entities and private individuals involved in civil and administrative disputes, including disputes relating to the regulated markets of electronic communications, digital infrastructure and the data economy.

Civil Litigation

The Firm advises clients in disputes involving companies, operators, suppliers, users, platforms and public entities, with particular regard to:

• technology contracts, digital services, cloud computing, outsourcing and supply agreements;
• contractual non-performance, termination and withdrawal, liability and damages;
• electronic communications, connectivity, access, interconnection and the use of infrastructure;
• service interruptions and malfunctions, cyber incidents, and the loss or unavailability of data;
• contractual and commercial relationships between platforms, business users, suppliers and end customers;
• personal data processing, data breaches and liability throughout the supply chain;
• interim and urgent proceedings, arbitration, negotiations and alternative dispute resolution (ADR) mechanisms.

Administrative Litigation

The Firm assists clients in seeking judicial protection against public authorities and independent administrative authorities, as well as in disputes concerning the exercise of public powers, market regulation and public contracts.

The Firm’s work includes, in particular:

• challenging administrative measures, sanctions, orders, formal notices and interim measures;
• bringing proceedings before the Regional Administrative Courts and the Council of State;
• interim relief, additional grounds of appeal, access to administrative documents and participation in administrative proceedings;
• disputes concerning public tenders, admissions, exclusions, awards, revocations, annulments and direct awards;
• concessions, authorisations and permits relating to networks and infrastructure;
• market regulation, public services and electronic communications;
• jurisdictional issues and the allocation of disputes between the public-law phase and the contractual phase;
• claims for damages arising from the unlawful exercise of public powers, administrative delay or administrative inaction.

Proceedings before Authorities and ADR Mechanisms

The Firm assists clients with the preparation and management of applications, complaints, written submissions, replies and hearings, as well as in conciliation and dispute-resolution proceedings.

Depending on the subject matter and the powers attributed by law, such assistance may concern proceedings before:

• the Italian Communications Authority (Autorità per le garanzie nelle comunicazioni – AGCOM) and the Regional Communications Committees (Comitati regionali per le comunicazioni – CORECOM);
• the Italian Data Protection Authority (Garante per la protezione dei dati personali);
• the Italian Competition Authority (Autorità garante della concorrenza e del mercato – AGCM);
• other independent administrative authorities, ADR bodies and institutionally competent entities.

Electronic Communications and Digital Infrastructure

The Firm advises operators, network and service providers, business users and public entities in disputes concerning the regulation and use of networks and digital infrastructure.

The Firm’s work covers, among other matters, access and interconnection, interoperability, infrastructure sharing, wholesale services, service quality and continuity, number portability, numbering, migrations, service failures and billing.

The Firm also manages proceedings before AGCOM, CORECOM and ADR bodies, and provides judicial assistance in challenges to regulatory and sanctioning measures, as well as decisions resolving disputes.

Competition and Digital Markets

The Firm advises companies and operators in competition proceedings and disputes, with particular focus on the competitive dynamics of digital markets and platforms.

The Firm’s work includes:

• restrictive agreements, exclusionary practices, abuse of a dominant position and economic dependence;
• access to infrastructure, data and essential resources;
• interoperability, non-discriminatory access conditions and exclusivity clauses;
• relationships between digital platforms, suppliers, business users and competitors;
• ranking, visibility, APIs, distribution models and intermediation services;
• investigations, requests for information, inspections and proceedings conducted by the AGCM;
• challenges to decisions and damages claims arising from anti-competitive conduct.

Public Procurement and Technology Contracts

The Firm advises businesses, contracting authorities and public contractors in procurement procedures and in the performance of contracts concerning software, cloud services, cybersecurity, platforms, infrastructure and digital services.

The Firm analyses tender documentation and the lex specialis, participation requirements and award criteria, and assists with requests for clarification, applications for access to documents, and challenges to tender notices, admissions, exclusions and contract awards.

The Firm also advises clients during the execution and performance of contracts, including in relation to disputes concerning the performance of contractual obligations, service levels (SLAs), reservations and claims, consideration and payment, and events modifying or terminating the contractual relationship, including suspension, termination and withdrawal.

Personal Data Protection

The Firm advises data controllers, data processors, companies, public entities, technology providers and data subjects in disputes and proceedings relating to the protection of personal data.

The Firm’s work includes, in particular:

• complaints, reports and proceedings before the Italian Data Protection Authority;
• inspections, corrective measures and sanctioning proceedings;
• the exercise of data subjects’ rights and related disputes;
• personal data breaches, unauthorised access, loss and disclosure of information;
• data transfers, cloud services and cross-border processing;
• profiling, analytics, artificial intelligence systems and automated decision-making processes;
• liability and damages, including in matters involving the relationship between personal data protection and cybersecurity.

Artificial Intelligence, Cybersecurity and Digital Platforms

The Firm advises clients in disputes and on legal matters relating to the development, procurement, integration and use of artificial intelligence systems and automated tools.

The Firm’s work covers, among other matters, liability issues relating to the operation and outputs of such systems, errors and algorithmic discrimination, transparency and traceability obligations, technical documentation, datasets, intellectual property, and the allocation of contractual risks among developers, suppliers, integrators and users.

The Firm also assists clients with the legal management of cyber incidents, system compromises, service unavailability and breaches of security obligations. This includes assessing notification obligations, preserving evidence, managing relations with authorities, customers, suppliers and insurers, and analysing liability and resulting claims for damages.

In relation to platforms, marketplaces, app stores, social networks and online services, the Firm advises on terms of use, account suspensions, content moderation, ranking and recommendation systems, data access and portability, unlawful content, online advertising, relationships with business users and measures adopted by the competent authorities.