Law on New Technologies

New Technologies have evolved so much over the last few years that they have become an absolutely essential element for the well-running of a business, its position and competitiveness.
This department initially arose from the need of some clients to adapt to the new technological reality and its varied juridical regulations, always around the concept of Juridical Security applied to New Information Technology. 

The main areas of action in this Department are:

Personal Data Protection
The department constitutes one of the few examples of an office that is absolutely specialized in the area of DATA PROTECTION, both in legal advice as well as training material. 

The areas of our action in personal data protection for the self-employed, public and private companies as well as any body subject to the legal obligations of the LOPD are, in general lines:

· Adaptation and integral implementation of Law 15/1999 on the Protection of Data of a Personal Character (LOPD).
· Carrying out juridical and technical audits on Personal Data Protection.
· Analysis of risks, control, up-dating and follow-up of the fulfilment of the Law, the decisions and recommendations of the Data Protection Agencies, by the companies.
· Adaptation of Websites to the LOPD: security policies, obtainment of consent, contracting, etc.
· Legal advice and defence in the event of inspection, administrative or contentious-administrative procedure.
· Processing of legal claims and lawsuits.
· Drawing up and registration of Model Codes.
· LOPD / TIC training in specialized courses, monographs, master and postgraduate studies.

We also have IT Partners like the ESPHERICA Group (KEMIT, INFASSI and ESCUDA Group) and A2SECURE with whom IT security consulting is complemented on is most technical side, the collaboration in the development of specific applications and software, or the implantation of integral document management platforms (digitalization of history, electronic invoicing, etc.), meeting ISO standards, as well as the creation of business continuity plans.

Security of Transactions and Document Management
Advice both to companies in the sector as well as any kind of public or private body about all the requirements contained in the legislation in force about:

 Digital signatures.
 Document management.
 Electronic invoicing and its implications.
 “Computer forensics”: Advice on digital evidence with judicial value.

Especially, legal advice on the obtainment of authorizations by the State Agency of Tax Administration on electronic invoicing platforms and the electronic exchange of data, alternatives to the electronic data exchange systems (EDI).

E-Commerce
E-commerce will be one of the major growth sectors over the coming years and therefore we will provide all the elements to carry this out with total security from the legal point of view, basically covering the following fields:

· Adaptation and integral implementation of Law 34/2002 on The Society of Information Services and Electronic Commerce (LSSICE).
· Prevention, advice and analysis of risks in the creation of a virtual company: Adaptation from a traditional environment to an on-line environment and from and on-line environment to a traditional one.
· Advice and juridical regulation of special “on-Line” advertising activities, gambling, social networking and other new generation service providers.
· E-commerce taxation.
· Electronic invoices and documents.
· Processing of claims and lawsuits.
· Prevention of computer offences in cooperation with the State security forces and defence in case of lawsuits.
· Company security policies and ethical codes of behaviour.
· Drawing up protocols for dismissal of employees for non-fulfilment of security policies and advice on email intervention.
· Drawing up expert reports on illegalities committed by users or third parties against the IT system and investigation of computer offences.

We also give integral advice on new digitalization platforms, document management and electronic invoicing. In order to achieve this we also work with partners like ESPHERICA Group (KEMIT, INFASSI and ESCUDA Group), and A2SECURE, who provide all the IT elements , of security and development of the software necessary for the creation and development of any virtual environment.

Computer Contracting
The appearance of the Internet and the development of IT law has meant that the correct application of contracting in the area of new technologies is another of the fundamental elements for obtaining juridical security. For this reason we create and personalize any kind of contract fundamentally with regard to the following:

· Contracts with the datacenter.
· Outsourcing contracts.
· Software creation contracts.
· Software program use and distribution licences.
· Internet advertising contracts.

Intellectual and Industrial Property
Our goal is to safeguard the creators rights, both in the real environment as well as in the virtual one. To do this, we analyze and advise on the elements which make up the intellectual or industrial property, proceeding to their legal protection, and, if this were the case, to any legal or extra-judicial action needed to defend these rights.

· Legal advice.
· Protection, processing and registration.
· Contracting.
· Negotiation and arbitration.
· Judicial and extrajudicial defence.

Protection, recovery and registration of domain names
Legal advice also directed to the constitution of a domain name, as well as the actions of recovery of usurped domains and the application of preventive measures.