Legal support of digital projects
Legal support of digital technologies, internet technology-based projects
Development of various opportunities in IT, online trade, the creation of chat bots, financial settlements through electronic wallets, telemedicine, there is a tendency for business to move to the digital plane. More and more business projects are being implemented using virtual space and IT products.
Features of legal support for digital projects
Almost any digital project is characterized by a fast exchange of information and its openness. Quite a large amount of data is published in open sources or transmitted through telecommunication channels, which means that such data have risks of “interception” by persons to whom it is not intended, as well as risks of plagiarism. In this regard, it becomes necessary to secure the rights of authorship to products created as part of the implementation of digital and Internet projects, the distribution of rights and responsibilities between business partners, the development of Internet projects to increase their efficiency and legal security.
It is quite important to conduct a timely legal due diligence of IT projects, as well as a legal assessment of business plans for a particular project.
In addition, as part of the implementation of some business projects, an additional assessment is required of the need to comply with the requirements of legislation of a transnational nature (for example, in compliance with the requirements of legislation on the protection of personal data and anti-corruption legislation). If the Internet project is being implemented in another jurisdiction, an additional legal analysis of the legislation of the country in which the work is planned is required.
A special place in the legal support of Internet projects is taken by the support of startups, since the viability of the project depends on the preliminary detailed study of all possible risks that may arise in the activities of the company.
Also, a fairly common trend is the sale of already launched and established projects (for example, Internet services). At the same time, the current legislation does not contain special rules governing the procedure for conducting such transactions and their legal regulation depends on the composition of the transferred project, which may include an Internet service, website, logo, content, software, database, domain name, etc.
In fact, legal support for an Internet project includes the need for expert knowledge in various branches of law. For example, any implementation of a project requires knowledge in the field of legal regulation of information technology, the basics of contract law, skills in applying the norms of antimonopoly legislation, legislation on advertising, on the protection of personal data, etc.
In connection with the above, the success of the implementation of a particular Internet project depends, among other things, on the level of legal support and a comprehensive study of all possible legal risks.
Legal support of digital projects in life sciences
A fairly new direction in the development of IT technologies is their implementation in the field of life sciences.
For example, in the healthcare sector, various types of software are being introduced that allow a medical institution to keep electronic records of patients and significantly speed up the workflow. For the implementation of these technologies, it is important to comply with the requirements for the protection of medical secrets, as well as the requirements of ethical standards, taking into account the observance of the rights of patients. In this regard, before the introduction of special software into the work of a medical institution, it is necessary to conduct a legal analysis of the compliance of the work of this IT product with the requirements of legislation on the protection of public health, as well as legislation on the procedure for processing personal data. Particular attention should be paid to checking the person who implements this or that software for whether he has the rights to distribute the software (if the distributor is not the developer, but the distributor), since in the absence of such rights, the medical institution may be subject to claims in connection with illegal use of software.
In the pharmaceutical industry, the implementation of digital projects is very diverse. Starting from advertising of medicines and publishing information about scientific developments on the websites of pharmaceutical organizations, ending with scientific events and webinars. At the same time, the legislation on advertising imposes special requirements for advertising of drugs, which are mandatory, including in the online format. Conducting scientific events online, distributing recordings of webinars, should also take into account the legally established restrictions on their distribution. In particular, medical workers are not entitled to accept gifts and monetary funds from organizations involved in the development, production and (or) sale of drugs (with the exception of remuneration under contracts in the conduct of clinical trials, as well as remuneration associated with the implementation of pedagogical and (or ) scientific activity). Also, advertising of prescription drugs is allowed only in places where medical or pharmaceutical exhibitions, seminars, conferences and other similar events are held and in specialized printed publications intended for medical and pharmaceutical workers. It is important to take these and other limitations into account when introducing IT technologies into the pharmaceutical industry.
Federal Law N 323-FZ of November 21, 2011 “On the Basics of Health Protection in the Russian Federation” stipulates that telemedicine technologies are information technologies that provide remote interaction of medical workers with each other, with patients and (or) their legal representatives, as well as documenting their actions during consultations, consultations, remote medical monitoring of the patient's health. The procedure for the provision of medical care using telemedicine technologies was approved by Order of the Ministry of Health of Russia dated November 30, 2017 N 965n. According to the specified procedure, for remote interaction of medical workers with each other or remote interaction of medical workers with patients, a medical organization, a medical worker of which provides medical care using telemedicine technologies, provides the necessary premises, communication facilities and equipment for consultations. In order to identify participants in remote interaction in the provision of medical care using telemedicine technologies, the Unified Identification and Authentication System is used. The provision of medical care using telemedicine technologies is carried out by medical workers, information about which is included in the Federal Register of Medical Workers. In this case, remote monitoring of the patient's health is prescribed by the attending physician after an in-person appointment (examination, consultation). Thus, in order to implement a project for the provision of medical services using telemedicine technologies, it is necessary to analyze in detail whether the requirements of the current legislation on the provision of such services are being observed.
- Legal support of digital projects in the field of finance
- Legal support of IT projects in the field of healthcare and pharmaceuticals, telemedicine
- Development of all types of contracts required for the implementation of digital and Internet projects
- Business structuring for the implementation of IT projects
- Accompanying participation in procurement, the subject of which is the implementation of IT projects
- Legal support for IT startups
- Support in transactions related to the transfer of rights to an IT product
- Legal support on all issues related to copyright protection in the implementation of IT products
- Representing the interests of creators and developers of digital and Internet projects when receiving claims from counterparties and / or customers, as well as third parties
- Representing the interests of developers of digital projects in court at all stages of legal proceedings