New technologies law
At Sirvent y Granados we offer specialised advice relating to new technologies law, providing a legal outlook on the new concerns and problems that the advancement of technology implies. We are aware of the challenges posed by the technological world, and undertake to have all the means necessary to function appropriately in the information society. We have experts in the field, so that we are always able to give cutting edge legal and technological advice.
We work with matters ranging from data protection to the most complex cryptocurrency matters, also including intellectual or industrial property or computer-related crimes
All of this, brought to you by qualified specialists with a strong Canary Islands heritage, working from the archipelago at the highest level, constituting one of the few expert firms in our land in the context of new technologies. This has never been an impediment to sustaining an international client portfolio however, as we are able to take advantage of the connection that the Canary Islands allows with Europe, Africa and America.
What is CEO fraud and how to deal with it
CEO fraud is a digital scam to obtain illicit funds from companies. They are occurring with increasing frequency and already represent losses of millions of euros per year.
What can we do for you?
1. ADVICE ON TECHNOLOGICAL PROJECTS AND STARTUPS.
Startups are SMEs dedicated to projects of a markedly technological nature. They generally do not have much in common with the world of law, so they need advice in a wide range of areas. We offer advice regarding the following subjects:
- Constitution of the company as a legal entity. The company will be created prioritising the limiting of liability of the partners and the administration, and assuming a form linked to new technologies, with statutes regarding the corporate website and online functioning of administration and partners.
- Advice regarding project goals Being projects of a markedly technological nature, very specific advice is required, mainly around the legal viability of the project and its protection in the market. If the project is already in the commercialisation phase, we can advise on drafting contracts.
Cybersecurity is a fundamental element of the current operation of companies. All have sensitive data to protect on their servers and need to maintain the integrity of their communications, ensuring that only authorised persons access the data and protecting themselves against possible computer crimes... Therefore in this area we offer the following services:
Cybersecurity auditing. This consists of evaluating the information system of a specific company or institution to determine the level of data security and establish the measures that need to be adopted.
Prepare the cybersecurity policy.Whether starting out from a previous audit or not, the company's cybersecurity policy is drafted, requiring an analysis of the risks existing in the company or institution and establishing a risk management system. The cybersecurity policy limits the responsibility of the company in case of cyber attacks, and its implementation reduces the risks of encountering problems in the digital environment.
Implement the cybersecurity policy.In order to comply with the security policy, it is essential that all company employees know its content; thus, in compliance with its terms and in keeping with the limitation of liability, we offer a course for employees to explain the application of the policy within the company.
Prepare the protocol of action against a cyber attack. Prepare the company to act in the face of an attack. The protocol also seeks to limit the company's liability for cyber attacks and minimise the damage that they may cause.
In the area of e-commerce we can act from the business or consumer point of view. Since the firm's main market is the company, we will focus on what is offered to that market:
- Drafting of contracts. Both are very novel concepts, both for technology and for law. They are looked at together because blockchain technology lies at the base of cryptocurrency.
- Redacción de contratos.
Both are very novel concepts, both for technology and for law. They are looked at together because blockchain technology lies at the base of cryptocurrency. Cryptocurrencies are digital currencies that are not regulated by any official markets.
Blockchain technology is a system of information collection in large databases, validated by third parties and unchangeable. It is a large account book in which the records (the blocks) are linked and encrypted to protect the security and privacy of transactions. In other words: a secure database, thanks to encryption, which can be applied to all types of transactions.
En otras palabras: una base de datos segura, gracias al cifrado, que se puede aplicar a todo tipo de transacciones.
4. CRYPTOCURRENCIES AND BLOCKCHAIN
Our work in the area of CRYPTOCURRENCIES is as follows:
- Taxation of profits obtained.. Cryptocurrencies are used as an instrument of speculation, owing to the volatility of their value, but taxation of profits made via their purchase and sale is a complex matter in order to ensure that such profits are legal.
- Advice for their use.We advise companies on whether or not cryptocurrencies are suitable for different operations.
- Advice for mining..Legal aspects to take into account to legally mine cryptocurrency exchange operations
- Advice for creationLaunching a cryptocurrency onto the market requires an significant technological and legal infrastructure. We develop this structure.
Our work with BLOCKCHAIN technology is as follows:
- Advice for the use of blockchain technology.Advise companies on the convenience and feasibility of using this technology for a specific functionality. Both to adopt it and for those already in operation.
- Preparation of Smart Contracts.Automatic execution of contracts by online means.
- Protection of software and projects based on blockchain technology.This area will be linked to intellectual and industrial property depending on the nature of the project.
5. COMPUTER-RELATED CRIME.
The scope of computer crime is very extensive. It ranges from computer scams to massive data hacks and cyberterrorism. For this reason, it is impossible to make a detailed list of the issues addressed, although the following notes should suffice to identify computer crimes:
- Crimes committed via the use of computers.
- Crimes of digital identity theft.
- Crimes of slander and libel over social networks.
6. ELECTRONIC SIGNATURE
The electronic signature or electronic certificate is the means by which natural or legal persons are identified in the information society. There is an important legal regime surrounding these means that must be taken into account in order to opt for a particular electronic signature, and when they fail there is a specific liability regime. Therefore our work in this area is:
- Adoption of electronic signatures for the operation of a company.We advise on the adoption of the best electronic signature possible for the company's routine operation or for the marketing of its services or products.
- Liability suits for errors in electronic signatures.If an electronic signature fails or is forged, there is a very specific liability regime against the certifying entity of the electronic signature.
- Advice for the obtention of an electronic signature.Companies, their administrators and some professions may have a specific electronic signature... Obtaining one is a basic premise for the digitalisation of a company or institution.
7. INDUSTRIAL PROPERTY
Industrial property is a category which has been established in our law since long before the existence of current technologies; however many of these have been accommodated within traditional categories of industrial property, and as such the areas we work with are:
- Brand registration.We register brands electronically to guarantee the fastest procedure for granting brands in order to distinguish products on the market.
- Software patent.Software can be patented with the European Union patent office, and we take care of the entire procedure for it to be granted.
- Liability suits for infringement of trademarks, patents or utility models.
8. INTELLECTUAL PROPERTY.
Like industrial property, intellectual property is an age-old category in our legal system, but in the same way it has embraced most of the categories in terms of new technologies. Therefore, our areas of work are very broad:
- Software registration.. It includes the registration of apps, computer programmes, web designs... The registration of all these elements in the Spanish legal system is done under the protection of intellectual property.
- Database protection. . Databases, the basic operation of Big Data and blockchain are subject to protection as intellectual property. We take care of the registration and protection of it.
- Protection of web domain.This includes, among other things, the registration of new domains and the initiation of legal action to recover hijacked domains, eliminate domains of very similar brands that may be damaging or stop domains that are very similar to others and that generate confusion and damage to reputation. Both in and out of court.
- Drafting of contracts for the transmission of intellectual property.. Depending on the objective, different contracts are necessary, such as licenses or sales agreements.
- Liability suits for infringement of intellectual property.Legislation provides for various suits to claim for the violation of intellectual property rights.
- Liability suits for infringement of intellectual property.. Legal proceedings to summarily put a stop to any business activity that violates an intellectual property right.
- Lawsuits to stop piracy.There is a wide range of options for curbing the piracy of works protected by intellectual property, such as the elimination of web pages, the blocking or restriction of a website in certain countries, the termination of internet service provision to the server from which the violation takes place...
9. DATA PROTECTION
Data protection has become one of the growing areas in new technology law, due to the sanctioning implications of non-compliance with current legislation by the AEPD (Spanish Data Protection Agency). Therefore, both companies and individuals are affected by data protection regulations. Our work in this area includes:
- Preparation of notice of rights. Personal data processing is involved in the contracting of any product or service, so the client must be previously informed of their rights in terms of data protection. We prepare this notice.
- Disciplinary administrative procedure. We present appeals or claims in disciplinary administrative procedures regarding data protection, managed by the Spanish Data Protection Agency.
- Data protection rightWe advise on how to exercise the rights granted by law to the owners of the data and how to respond to requests in this regard made to companies or institutions.
- Digital succession. We advise you on the subject of digital personality succession and how to act in terms of the digital heritage that we leave behind after death.
- Exercise of digital rights.From digital disconnection in the workplace to the right to be forgotten on social networks, there are numerous rights concerning digital environments upon which we can advise.
International transfers of data. We advise on how to carry this out in compliance with regulations or how to act in the case of wrongful international data transfers.
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What can we do for you?
We want to listen to you and answer any queries you have.
For this reason, we invite you to contact us and tell us about your case so that we may give you a personalised response that is tailored to your needs.
If you wish to know about our way of working, we will tell you about our methodology..