Information Technology, Data Protection e Intelligenza Artificiale

Our Firm provides advice, at a domestic and international level, in a wide range of areas including ICT regulatory, Internet related litigation, ICT agreements, E-commerce transactions (B2B, B2C, P2B), Blockchain, smart contracts and cryptocurrency related matters.
We assist Clients by structuring tailored and comprehensive data protection systems aimed at guaranteeing a full compliance of their data processing policies with the national and international regulatory framework.
Our business-oriented approach to handling issues related to IT & data protection enables us to successfully assist our clients in strengthening their positions against the risks incurred by IT & data protection law related issues, while always working to ensure our client’s business remains unaffected.

Information Technology

We assist clients on all issues relating to the Information & Communication Technology’s industry, in particular, we provide assistance:
– for the design and implementation of e-commerce activities (business-to-business, business-to-consumer, consumer-to-consumer, platform to business) including the assessment of legal compliance by platform, as well as the management of regulatory procedures to be complied with for launching on-line activities;
– in managing contractual relationships and concluding at a distance electronic contracts on electronic networks/platforms with consumers and enterprises (including contracts for the provision of financial services);
– to ensure compliance of payment procedures with the legislative decrees that implemented the EU directive on electronic money, based on the technical and regulatory requirements for safety in money transfer operations, where provided, and payments made via the internet;
– on smart contracts and on regulatory and contractual matters related to blockchain technologies as well as to the use and negotiation of cryptocurrencies and alike;
– in negotiating and drafting contracts in the IT sector, including software development agreements, software as a service – “Saas” – and cloud computing agreements, Internet of Things products/services, mobile technologies, apps developments, new media, hosting and housing agreements;
– in handling legal issues related to the use and exploitation of non-personal data;
compliance with the Digital Services Act, the Data Act and any other EU legislation implementing the strategy for a digital single market and for data;
– in managing relations with the competent Authorities of the sector (AGCOM (Italian Communications Authority), AGCM (Italian Competition Authority), Italian Data Protection Supervisory Authority.

Artificial intelligence

We support companies throughout the entire process of adopting and governing Artificial Intelligence systems, in particular:
– mapping and classifying AI systems under the AI Act (unacceptable risk, high risk, limited/minimal risk);
– setting up AI governance frameworks, internal policies and human oversight procedures;
– fundamental rights impact assessments (FRIAs) and their coordination with the DPIAs required under the GDPR;
– supporting ISO/IEC 42001 certification of AI management systems.

Cybersecurity and NIS2


We support clients in complying with the NIS2 Directive and cybersecurity legislation, in particular:

– assessing the scope of application of NIS2 (essential and important entities) and preparing the related compliance plan;


– defining cyber risk management measures and security policies consistent with industry standards;
– managing security incidents and notifying the competent Authorities;


– coordinating NIS2 obligations with data protection legislation and Organisational Models under Legislative Decree 231/2001.

Privacy

Our services in the legal and regulatory data protection sector include in particular:

– acting as DPO;

– review of general data protection policies and systems aimed at making clients’ personal data processing compliant with the Italian and EU data protection law by creating tailor-made data protection systems;

– legal advice on the impact of adoption and use of Artificial Intelligence and RPA’s technologies;

– legal advice and assessment of international cross-border data transfers towards non-EU countries, including drafting of data transfer agreements, data transfer impact assessment, implementation of the new Standard Contractual Clauses (version 2021) etc.

– assistance in drafting risk analyses (Art. 24 GDPR), legitimate interest assessments (balancing tests), legal advice on drafting of Data protection impact assessments under art. 35 and 36 of the GDPR;

– legal advice on negotiation and drafting of Joint Controllers agreements, Data Processor agreements, Data sharing agreements, designation of the persons in charge of the processing;

– specialist legal and ICT advice for data processing on electronic communication networks (i.e. cloud services, web platforms, mobile technologies, app,) providing legal assistance to clients with product launches, legal design and new technology projects;

– assistance in cases of inquiries, in loco investigations and official checks carried out by the Italian Data Protection Authority (including successive handling of the related administrative proceedings and litigation).