 |
Practise > Areas of Practise |
|
AREAS OF PRACTISE
Our office provides a wide range of services
© 2002 Kalonia Legal, S.L. All rights reserved.
Disclaimer
Privacy
E-COMMERCE AND E-BUSINESSES
We advice on the legal issues related to the implementation of E-commerce solutions B2B, B2C, C2C, B2E, collaborative E-commerce, and the creation and development of a variety of business models based on E-commerce.
We cover all the legal aspects of an E-commerce solution, such as, advertising, offer and acceptance, electronic contracting, logistics, online payment, or use of electronic signatures.
We can advice on any of the following issues:• Draft and negotiation of the contractual structure required for the implementation of business models based on E-commerce.
• Analysis of the legal issues related to advertising online.
• Draft and negotiation of linking agreements.
• Draft and negotiation of agreements with ISP.
• Draft and negotiation of Service Level Agreements.
• Draft and negotiation of the contractual structure required for the implementation of business models based on infomediaries.
• Advising on general terms and conditions of sale.
• Advising on general terms and conditions of use of a website.
• Draft and negotiation of agreements for the implementation of E-business solutions, or the adoption and implementation of B2B
e-marketplaces from a legal perspective.
• Registration and protection of domain names.
The protection of personal data is an increasingly important issue that must be taken into consideration by both Internet companies as well as brick and mortar companies. The European Directive on personal data has introduced high standards on this specific issue, and some countries, such as Spain, have implemented such Directive passing legislation that establishes very severe sanctions in case of non-compliance.
Additionally, the users are also concerned about the use of their personal data by the companies. As a consequence of this, in general terms, they require from companies a specific commitment to properly safeguard and protect such data.
Finally, the use of certain technologies, like cookies, web bugs, or certain promotional strategies such as e-mail marketing, permission marketing or viral marketing may also have an impact on the users' privacy that must be carefully analysed in order to comply with the requirements set out by the applicable legislation.
In general terms, we can help companies in their businesses by providing any of the following services:
• Due diligence of websites or business models in connection with privacy issues.
• Drafting forms of consent for clients, potential clients, providers, employees, etc., for the collection, processing and storage of personal data.
• Drafting privacy policies for websites or companies to address legal issues related to personal data protection.
• Analysis of security measures (high, medium or basic level), and drafting document on security measures.
• Draft of agreements with companies that provide services related to the collection, processing, or storage of personal data.
• Submission of notifications to the Spanish Data Protection Agency pursuant to the registration of personal databases.
• Compliance with legal requirements to obtain the authorisation of the Director of the Spanish Data Protection Agency in connection with the international transfer of personal data, and negotiation with the Spanish Data Protection Agency for this purpose.
• Application in Spain of the safe harbour principles agreed between the US Government and the European Commission.
• Draft of forms of consent for the international transfer of personal data.
The security of the information systems is one of the areas of concern of the companies. The rapid spread of viruses and worms have taken many users by surprise. Additionally, the number of news published by the worldwide media on attacks and assaults carried out against computer systems of well-known companies have proved the need to adopt appropriate measures of protection against potential vulnerabilities of the systems.
Failure to adopt such measures may cause severe damages in terms of losses of profits and costs incurred to restore the systems but may also adversely affect the image and reputation of the companies in the market and also cause a loss of trust by clients or users.
We can assist companies to draft security measures adapted to their business needs as well as guidelines for the use of computer systems, e-mails, or access to Internet by employees, or the precautionary measures that can be adopted in case of identification of a potential attack to the company's computer system.
We can also advice on the legal remedies available in case an attack to a computer system has taken place, and co-ordinate the legal actions that can be taken in case of litigation.
The broad use of information and communication technologies in all aspects of any business model and the convergence of such technologies generates a number of legal issues that must be properly addressed. Such issues include limitation of liability, guarantee of products or services, identification of rights and obligations, or measures for the protection of such technology.
In this respect, we can advice on issues related to draft and negotiation of outsourcing agreements; the protection of information and communication technologies against third party potential infringements; or the development, licensing and distribution of such technologies, as well as joint venture agreements related to the use of technology.
We advice in connection with the licences or authorisations required for the implementation and use of telecommunication networks, as well as for the provision of services by ISP.
We also advice in connection with the draft and organisation of telecommunication public tenders, as well as the participation in such tenders; draft and negotiation of fee arrangements or profit shared arrangements with telecommunication operators; or the submission of specific requests or consultations to the Telecommunication Market Commission.
Internet provides a level of access and transparency that makes extremely easy to copy, reproduce or distribute industrial and intellectual property rights without the consent or the authorisation of their legitimate owners.
In this area of law, we can provide our advice in connection with the following issues:
• Registration, licensing and transfer of trademarks, or patents as well as coordination of the legal actions in connection with any potential litigation in any of these areas.
• Protection, licensing, transfer and distribution of intellectual property rights.
• Draft and negotiations for the development, licensing, assignment, and distribution of software, either standard software, customised software, shrink-wrap licences, click-wrap licences, freeware software, shareware software, or multi-user licenses, and by way of tangible or intangible means.
• Legal issues related to the use or licensing of open source software.
• Conflicts between trademarks and domain names.
We provide our advice to venture capitalists, institutional and private investors as well as commercial banks, managers, and shareholders in connection with any of the following transactions:
• Venture capital.
• Management Buyout.
• Management Buyin.
• Institutional Management Buyout.
• Leveraged Buyout.
• Employee Buyout.
• Shareholder agreements.
• Subscription agreements.
• Stock options.
We advice on all legal aspects related to draft and negotiation of documentation and agreements in connection with mergers and acquisitions, in particular:
• Agreements for the sale and purchase of shares.
• Agreements for the sale and purchase of assets, or specific business units.
• Competition law.
• Foreign investments.
• Consents, licenses or authorisations.
• Resolutions for the merger of companies, as well as spin-off.
We advice on matters related to the incorporation of companies, branches or subsidiaries in Spain, foreign investments, resolutions related to share capital increase or decrease, appointment of directors, call for shareholders' meetings or board of directors meetings, approval of annual accounts, registration of resolutions, and all the legal issues related to the daily life of a company.
We advice on matters related to international businesses, in particular, foreign investments, draft and negotiation as well as resolution of commercial agreements, fee arrangement agreements, agency agreements, distribution agreements, joint-venture agreements, shareholders agreements, transportation agreements, as well as any other agreement related to international relations in a business context.
We provide advice in connection with tax law as part of our advice in all legal matters submitted to our review.
We advice on employment, labour and social security issues of the companies.
© 2002 Kalonia Legal, S.L. All rights reserved.
Disclaimer
Privacy