Digital Economy Legal Support Group
Information technologies long ago became an integral part of business and of people's lives. Yet, a deep digital transformation is unfolding in front of us. A new generation of technological solutions is now being implemented, many of which are interconnected, such as the processing of big data, the use of artificial intelligence, distributed computing and data warehouses. Both start-ups and long-established businesses are implementing promising digital solutions.
Any new technologies, however, can only be applied within legal frameworks that exist as a completely new regulatory base and within traditional regulatory spheres. In deploying modern digital business solutions one should not overlook the efforts of the state in protecting the national informational infrastructure.
Pepeliaev Group has set up a team of experts who are well versed in the essence of technological changes in the digital economy and who possess many years of experience in helping to launch business innovations in an integrated and changing regulatory environment.
The digital group's team comprises experts in the legal regulation of IT, IP, and personal data use, as well as corporate, commercial, antitrust and tax law. It offers a full package of legal services concerning any aspects of how information technologies are applied. We are ready to quickly set up an effective team based on the specific features of the project and of a particular client, making use of the sectoral and practical experience we have gained in order to resolve a legal task of any degree of complexity to boost the opportunities of your business.
Our team has supported digital transformation projects at the practical level, in terms of how statutory requirements are implemented in practice, and at the law-making level. Our experts are members of working groups involving business representatives and sectoral agencies, which develop proposals for how the regulatory and legal base can be improved taking account of the technological changes that are occurring.
Assisting IT companies with obtaining benefits and measures of support
- Analysing whether it is possible to obtain benefits and measures of support
- Advising on how a company should bring its operations in line with the requirements to obtain benefits and measures of support
- Advising on how to interact with state authorities
Services of setting up IT companies in order to obtain benefits and measures of support
- Comprehensive services involving the setting up of IT companies
- Legal support in the framework of splitting off a company's IT function
- Obtaining the status of a member of special economic zones and innovation research and technological centres
- Obtaining state accreditation for IT companies
- Having software included in the Unified Register of Russian Computer Programs and Databases
Sanctions. Providing legal support to companies engaged in the IT sector
- Preparing clarifications and legal opinions on how sanctions-related restrictions should be complied with
- Conducting due diligence of Russian and foreign companies as to their compliance with legislation and the case law established against the backdrop of sanctions
Implementing an electronic document management system (a ‘Paperless office’)
- Reviewing the company’s files from the perspective of a potential transfer to electronic format (contracts and agreements, closing documents, HR-related documents, reporting documents, and others)
- Implementing electronic signatures when interacting with contracting parties, state authorities, employees, etc.
- Preparing a full set of documents for organising electronic document management (policies, guidelines, agreements etc.)
- Advising on the matters relating to procedures for approving and signing documents inside the company
- Advising on how a transfer to electronic document management can affect bookkeeping and tax accounting of the company
- Conducting a technical audit of the company to streamline its transfer to electronic document management
- Supporting the launch of various online services, online stores, platforms and aggregators (drafting framework conditions of use, analysing legal risks, etc.)
- Developing e-commerce contractual procedures (verifying the status of a contracting party, concluding a contract in electronic form, digital signature issues, the evidential force of electronic documents, and the use of smart contracts)
- Confirming and protecting rights to virtual objects
- Advising on specific aspects of advertising on the Internet, online payments, etc.
- Analysing particular aspects of the regulation of digital sales channels in specific business sectors (telehealth, the remote sale of medicines and biologically active supplements, and medical devices)
IT & IP
- Supporting projects involving the creation of mobile applications, information systems, software & hardware complexes (for the private and public sectors)
- Developing contractual structures for: distributing software under a SaaS (‘software as a service’) model; handling projects involving the remote updating of software; embedding programs into technical devices and transmitting data from such devices; disposing of rights to operating systems and large-scale software complexes
- Drafting sets of documents to formalise rights to databases and to protect data by using other methods, including know-how and trade secrets
- Auditing technological companies to identify potential risks relating to the protection of IP in the sphere of IT; developing processes and documents to mitigate such risks
- Performing patent searches and patenting items in the sphere of IT, formalising rights to integrated circuit layouts
- Advising in the area of digital broadcasting
- Negotiating in and settling disputes over the protection of IP in the sphere of IT (domain names, Internet sites and elements of them, etc.)
- Auditing risks concerning critical information infrastructure facilities
- Liaising with agencies responsible for protecting critical information infrastructure (the Russian Federal Security Service and the Federal Service for Technical and Export Control), including drafting documents to be submitted to these authorities
Regulatory aspects of IT
- Checking Internet services (including web sites) as to their compliance with regulatory requirements
- Providing integrated support for public private partnership projects focused on information technology