The Firm supports its clients in extrajudicial and judicial matters, providing comprehensive advice in the area of new technologies.
The assistance provided by the Firm covers every area related to contemporary and emerging technologies, such as Web 3.0, blockchain, NFT, Metaverse, AI, and robotics. The Firm’s professionals have strong expertise in managing the processes of technology transition, enterprise digitization, and Industry 4.0.
The Firm has solid experience in data governance and GDPR and privacy compliance activities, supporting national and international entities.
The Firm’s area of specialization also covers contracts related to the use of social media and advertising, as well as new professional figures such as influencers. The Firm also advises on e-commerce and consumer protection for the creation of Ecommerce.
The firm deals with computer forensics and OSINT investigations in order to make it possible for its clients to produce specific digital data in court.
Digital communication is profoundly different from traditional communication, not only in terms of the catchment area and communication techniques used, but especially in terms of the technology employed.
The new paradigms of digital communication see the massive use of profiling techniques, many of which can pose a privacy risk.
The management of communication campaigns represents an opportunity for the company, but it can turn into a boomerang in case it is not managed correctly. In fact, challenges promoted by independent authorities such as AGCOM, AGCM or the Garante della Privacy regarding the correctness of communications, as well as issues related to the proper fulfillment of agreements with those involved in the management of the campaign itself, are increasingly frequent.
The firm deals with digital communication law, working alongside communication professionals with a strongly technical and legal expertise and supporting them in every phase of the project, from the realization of the graphic aspects, strictly related to copyright, to the creation of software according to the paradigms of privacy by design, as imposed by current legislation.
The new frontiers of privacy are essentially related to those forms of processing that see the Web as a new context in which to define one’s personal identity.
The entry into force of the European Data Protection Regulation (“GDPR”) has meant for many realities the reorganization of processes related to the processing of personal data, in line with the revolution of new technologies.
The figure of the “data protection officer” has become, after all, an essential figure for those companies that carry out particular processing.
The firm carries out assessment activities aimed at verifying compliance with current regulations on the processing of personal data by small, medium and large companies, developing architectures and proceeding, through professionals, to the necessary tracking and training activities.
The Firm assists its clients in drafting contracts with IT subject matter.
In particular, the Firm advises on licensing, assignment and software development contracts; website development contracts; SEO and SEM contracts; APP development contracts; social page creation and management contracts; database contracts; cloud contracts; hosting contracts; influencer marketing contracts; and digital advertising contracts. The firm also assists entities that base all or part of their business on licensed so-called free or open source software. It also advises in the implementation phase of integrated solutions, which exploit free software in correlation with proprietary software, or create derivative works from programs with such licenses.
Electronic commerce is constantly evolving technologically.
This phenomenon, especially aimed at consumers, is governed by specific regulations that place different burdens on the seller than on traditional sales. Particular attention must also be paid to respect for customer privacy and confidentiality, the proper functioning of electronic payment systems, security and the use of cryptocurrencies in the systems that manage the distance selling process.
The Firm advises on e-commerce and remote sales with reference to all productive sectors, including food, fashion and cosmetics, culture, industry, banking and insurance, Internet Service Provider, digital and reputational agency, and media.
The firm’s professionals have gained, in particular, significant experience in relation to particularly innovative e-commerce, such as online sales of medical devices, custom and handcrafted clothing, sales through social networks, sales of paid services within apps, social, comparators of products and services, Metaverso, with possible selective sales and distribution systems
The liability regime for intermediaries of communication society services is a highly critical topic. In fact, the legislation relating to it, as outlined in the E-Commerce Directive, has failed to keep pace with technological innovation.
Consequently, different types of hosting have emerged: network provider; access provider; information location tool provider; host provider; content provider; and active hosting.
The Firm has gained significant experience, both in and out of court, with regard to provider liability on hosted or transmitted content, defending well-known Internet Service Providers in court.
The Firm, in addition to defending hosting providers, defining policies for intervention and reporting to judicial authorities in case of unlawful content on proprietary servers, defends rights holders in order to obtain the removal of content unlawfully hosted by providers, including in cases of online counterfeiting.
The development of payment instruments capable of exploiting the potential offered by today’s technology has profoundly affected the habits of citizens, businesses and public administration, improving the smoothness of transactions and supporting the economic growth of many companies, especially those active in e-commerce.
The Firm advises banks and payment institutions in connection with electronic payment systems and their compliance with the directive on payment services in the EU internal market.
The Firm has, in addition, gained significant experience in the areas of phishing, identity theft and viral infections aimed at stealing access credentials to banking systems in use by account holders.
The Firm’s professionals have defended credit institutions in court in numerous disputes involving phishing and attacks perpetrated through malware.
The Firm has also had the opportunity to collaborate with companies that offer bank transaction monitoring services or that have designed secure solutions for the transfer of sums of money.
During the last few years, we are increasingly witnessing a greater development of technologies related to the new Web 3.0, which is based on blockchain and sees an increase in investments, not only from high-tech companies but also from the most diverse sectors.
Through its professionals, the firm, offers specific advice in the creation, purchase and disposal of tokens and NFTs, related to the financial, art and technical worlds.
We also accompany numerous brands in the entry, gradual and through targeted actions, within the major metaverses, in order to offer their consumers and clients a technologically immersive reality and ever new and competitive ways of purchasing.
E-cash, cybercoin and cryptocurrencies are mainly based on a technology called DLT i.e. Distributed Ledger Technology.
Some advantages related to the use of cryptocurrencies, among the best known undoubtedly Bitcoin and Ethereum, are related to the widespread phenomenon of crypto equity crowdfunding, the use of smart contracts, the protection of the confidentiality of personal data, the possibility of its use in micropayment systems as well as the so-called DAOs i.e. true decentralized organizations for the most diverse uses.
The firm assists numerous realities and start-ups by providing assessments related to the legal and technological profiles of cryptocurrencies and all new forms of virtual currencies.
Self-branding activity can be considered a form of work on intangible assets, deliberately undertaken in order to garner attention, enhance reputation, and ultimately generate more profit. Opinions shared online and misconduct that exceeds the limits of the right to criticize are usually sanctioned.
The creation of a digital identity thus becomes a function of an image economy, in which it is crucial to monetize attention, notoriety and fame. Online reputation has become a currency of exchange: the trend, therefore, is for a reputation economy to take hold.
The firm offers advice on online reputation and brand protection, both in and out of court. The professionals approach the subject with a multidisciplinary approach, taking care of policy drafting and assisting the Firm’s clients in crisis management cases.
The Firm assists not only companies, but also reputational agencies, sometimes coordinating these with digital agencies and offering legal assessments related to actions aimed at building digital identities or brand imaging.
The term unconventional marketing indicates a different approach to communication based on the use of technologies and media outside the usual communication paradigms.
Among them we can include guerrilla marketing, ambient marketing, viral marketing and the more interesting buzz marketing.
Buzz marketing consists of a complex of unconventional marketing operations aimed at increasing the volume of online conversations regarding a particular product or service.
Buzz marketing has developed, recently, following a wide variety of paradigms, often going to break the frontier between the digital and the real. We have very often witnessed phenomena such that we cannot say, with the degree of certainty, whether or not they have been designed with the purpose of increasing the notoriety and fame of a certain brand or subject. This does not mean, however, that these new forms of communication can be considered a wilderness in which any action is permissible; in fact, there are – as in traditional forms of communication – specific rules to be observed to protect consumers.
The firm assists its clients in the use of unconventional forms of communication, offering its advice from the definition phase of the communication initiative, highlighting problems and providing possible solutions.
Social networks represent a real corporate asset, on which the core business of many companies is based.
The firm supports clients in defining governance processes in the social sphere, assisting them in revising social media policies and implementing security-oriented software
Prize contests are typically initiatives, having even partly commercial purposes, directed at promoting, in the territory of the State and through the promise of prizes, the knowledge of products, services, firms, signs or brands or directed at promoting the sale of goods or services.
Sweepstakes may be conducted only by manufacturing or trading enterprises that are suppliers or distributors of the goods or services. Enterprises may also be non-established within the European Communities, without a permanent establishment in Italy but, in that case, they must use a fiscal representative, resident in the territory of the State.
Promoters are required, in accordance with Presidential Decree 430/2001, to undergo a number of procedural burdens, including the drafting of contest regulations, to be filed telematically with the Ministry.
However, mere compliance with procedural rules is not sufficient for the lawfulness of a contest with a prize character. In fact, there are initiatives that are prohibited by current regulations or ways of conducting them (think of contests operated through social networks) that are lawful only under certain conditions.
The firm offers its consulting services, in particular to traditional and digital communication agencies, aimed at defining prize contests or initiatives with a prize character, both at national and international level.
Very often the mere availability of a digital source of evidence is not sufficient for it to be validly produced in court, but it must be acquired in compliance with specific court rules and industry best practices.
Digital forensics is that discipline that deals with the identification, preservation, analysis and documentation of possible sources of evidence in the digital realm for the purpose of potential production in litigation.
The firm deals with digital investigations, OSINT and digital forensics in order to make possible the production of specific digital data in court. Professionals work alongside computer forensics experts.