Communications & Electronic Commerce
Paul Foley has over 8 years experience in advising companies on all aspects of doing business on the internet, including providing advice on the legal structuring of electronic commerce offerings, such as internet auctions, social networking sites, price comparison sites and complex internet marketplace sites. He has also advised on internet specific compliance issue for companies, on identity verification issues, on binding parties to an online contract, on qualified electronic signatures (where required), internet security issues, advertising and comparative advertising online, conflict of laws issues and how to deal them.
We have also extensive experience on the regulation of communications services and the rights and obligations of operators ( whether fixed or mobile or digital multiplex ) including obligations imposed on operators with significant market power.
- Audiovisual Media Services Directive 2007/65 compliance.
- Agreements for the purchase, sale and maintenance of communications products.
- Access, including Next Generation Networks access, MVNO access, access to ducts and associated facilities and Commission Proposals for modifications to Directives 2002/21 ( the framework directive), 2002/19 ( the interconnection directive) and 2002/20 ( the authorization directive).
- Authorisation requirements for communications services and for digital multiplex providers.
- Carrier pre-selection in communications including in Next Generation Networks.
- Content regulation on the internet , illegal and harmful content, regulation of
- Consumer Protection Act 2007 compliance.
- Data Retention obligations under Directive 2006/24 and who has to comply with the Directive
- Data Protection Acts 1988 and 2003 ( as amended ) compliance, including, structuring data protection policies and data protection statements for web sites.
- The Data Protection and Privacy Regulations 2003 (SI 535) deal with data protection for phone, email, SMS and Internet use. They give effect to Directive 2002/58. We advise on who has to comply with these regulations and particularly their impact on internet service providers.
- Distance Selling regulations compliance for companies and for financial services providers.
- Electronic Commerce Act 2000, we advise on this Act and its impact on the activities of internet service providers and those seeking to contract on line.
- Electronic Signatures and provision of PKI products and services in compliance with the Electronic Signatures Directive.
- Identity theft on the internet.
- Infrastructure sharing, in the context of Next Generation Networks.
- Intellectual Property rights in an internet environment, how to protect them.
- Interception and monitoring of communications, impact on communications providers.
- Interconnection in communications, including interconnection of VoIP Networks.
- Internet auctions, structuring terms and conditions for the sale of products by auction over the internet.
- Internet Advertising and marketing Agreements, their structuring, including online marketing, internet advertising or emarketing
- Internet dating offerings, their structuring.
- Internet email policies for companies, their structuring
- Internet specific issues for financial service providers, particularly under the European Communities (Markets in Financial Instruments Directive) Regulations 2007 , under the Investment Intermediaries Act 1995 as amended and the European Communities (Insurance Mediation) Regulations 2005.
- Internet offerings for electronic products providers.
- Internet Franchise Agreements, competition law compliance.
- Licensing, sound and television, codes and rules, advice on.
- Misleading Advertising the European Communities (Misleading Advertising) Regulations
- Must carry obligations, where they apply.
- Network security requirements, to whom do they apply and proposals for change.
- Numbers, connection with communications and internet services, rights to access and use, portability, withdrawal, sub-allocation issues.
- Outsourcing, structuring sector specific outsourcing agreements including ASP agreements
- Price Comparison sites, legal advice on their structuring
- Privacy Statements for websites, their structuring .
- Premium rate services regulation.
- RegTel October 2008 Code of Practice, modifying offerings to comply with its provisions.
- Significant market power in communications, what it means, and how it will apply in the context of Next Generation Networks.
- Spectrum, access to ( including licensing ), restrictions on use, network rollout obligations, interference issues, safety and health issues.
- Standardisation and interoperability, impact on equipment manufacturers and providers of digital certification services.
- Structuring an online marketplace offering in a specific sector, and structuring social networking terms and conditions.
- Terms and conditions, their structuring for the sale of goods and service over the internet.
- Universal Service obligations, where they may apply, their scope, cost recovery issues
- Local Loop Unbundling and Next Generation Networks
- Unfair Contract Terms compliance, the European Communities (Unfair Terms in Consumer Contracts) regulations 1995.
- WEEE regulations compliance for internet retailers under the Waste Management (Waste Electrical and Electronic Equipment) regulations 2005.
- Web Site development agreements, search engine optimisation agreements and data hosting agreements, their drafting and structuring.
Contacts
Copyright © McKeever Rowan Solicitors 2003 - 2009. All rights reserved.
Copyright © McKeever Rowan Solicitors 2008. All rights reserved.