Data Protection Law

The transition of business to digital space, implementation of activities on the Internet, communication in social networks, use of information on the Internet, personal data protection, domain disputes, transfer of information, download of works, online trading on the network and crypto projects compose not the full list of issues increasingly affecting each of us day by day.

Nowadays legislators of almost all countries try to resolve this or that activity occurring in the "digit" on the Internet. Constraints and prohibitions are being created, Internet resources are being blocked, there is a need for disclosure and protection of information.

Our lawyers and attorneys have a long-term experience working in IT industry. Some lawyers for a long time were full-time employees of large IT companies and know the specifics of business and IT technologies from within. The experience and inside knowledge of business allow you to speak the same language with a client, successfully build business protection strategy, represent interests before the supervisory state authorities, domain registrars and specialized courts.

The team of FjM International Solicitors & Lawyers will analyze your project and advise on possible risks of doing business on the Internet, using open codes, violating the rights of third parties, using domains, intellectual property on the Internet, free and limited use of copyright objects, reclamation eligibility, fight against patent trolls, the legal aspects of using blockchain technologies and risks of crypto-currency trading.

Our competencies in this area are as follows:

1. Online business support

2. Development of risk minimization strategy for companies

3. Support of crypto projects

4. Preparation of documents for ICO

5. Development of measures to reduce tax risks for companies, including those connected with the legislation on CFC

6. Development of investment contracts

7. Preparation for licensing of company activities (if necessary)

8. Personal data protection

9. Protection of honor, dignity and business reputation on the Internet

10. Advising on the use of intellectual property on the Internet

11. Litigation support

What is necessary to consider when doing business on the Internet?

1. In online business, as in any other, one should not forget about the necessary formal actions from the choice of incorporation form, taxation system, form of interaction with employees to the protection of intellectual property rights.

2. The kind of online activity you carry out: a sales store or trading on an electronic exchange. For each specific type of activity there are mandatory requirements, restrictions and prohibitions such as licenses, state registration, processing and personal data distribution restrictions, consumer protection and many others.

3. Restrictions and prohibitions related to the rights to your intellectual property and to the intellectual property of third parties.

What is personal data (PD)?

Information relating to an individual (name, address, telephone, etc.), that is the data with the help of which it is possible to identify a person.

Who can process personal data?

Any personal data can be processed by an operator or with permission of an operator.

An operator is a state body, legal entity or an individual, independently or jointly with others organizing and/or carrying out the processing of personal data, determining the purposes of such processing, the composition of personal data and the actions with them.

Is there any liability for personal data divulging?

Yes.

Liability for prosecution - placing information on private life in mass media, unauthorized access to computer information, other public demonstration of personal data without the consent of the owner of such personal data and etc.

Administrative liability - violation of information protection rules, illegal activities in the field of information security, personal data distribution without the consent of the employee in accordance with the norms of labor legislation and etc.

Operations with crypto currency

The ruble is the official monetary unit in Russia, its emission is carried out by the Bank of Russia, the introduction and emission of other money in Russia is expressly prohibited. Digital financial assets (crypto currency) are not a legitimate means of payment in Russia.

Most countries apply the same restrictions.

Can a bitcoin be used as a means of payment in Russia?

The ruble is the legal means of payment in Russia.

In theory, within a contract the parties can agree on payment terms in a different currency or conventional units, and payments can occur in rubles at the current rate.

Prospects and projects

The draft law on digital financial assets provides only one type of transaction for owners of digital financial assets (crypto currencies, tokens), namely the exchange of tokens into rubles and foreign currency, which is possible only through an operator - a legal entity that carries out activities in accordance with the laws “On Securities Market” and "On Organized Trades".

Issue of tokens presents a publication by the emitter of an investment memorandum, an offer on the Internet, containing conditions for the acquisition of tokens, conclusion of contracts, particularly in the form of smart contracts.

The maximum amount for which individuals, who are not qualified as investors according to the Federal Law "On Securities Market", can purchase tokens within one issue will be established by the Bank of Russia.

How can we help you?

1. Preparation and analysis of project documentation, development of a contract offer, guidelines for using the information on the website, user agreements and other contracts

2. Choice of the best jurisdiction for company registration, recommendations on corporate governance, particularly in connection with the legislation on CFC (controlled foreign companies)

3. Development of the necessary documentation for crypto projects, preparation of the full basis for negotiations, agreements and contracts

4. Preparation and description of white paper, public offer, terms & conditions, various policies, including privacy policy

5. Development of provisions, policies personal data management, nondisclosure agreements - NDA, preparation of the company for introduction of nondisclosure regime, preparation of labor contracts with employees in connection with the NDA, advising on personnel liability for disclosure of confidential business information or project

6. Protection of honor, dignity and business reputation on the Internet, reduction of reputation risks, assessment of reclamation relevance, publication in the network

7. Protection of intellectual property, advising on restrictions, prohibitions, free use, registration of intellectual property, development of international IP protection strategy, analytical studies on identification of analogues, verification of violations of third parties’ rights in any jurisdiction

8. Claim settlement, legal proceedings, mediation, domain disputes