Legal support of telecommunication companies
Legal services for legal support of telecommunication companies
With the development of telecommunications, more and more statutory requirements for the operation of telecommunications companies appear. Legal support for the activities of companies operating in telecommunication includes various aspects and important features, the knowledge and application of which in practice makes it possible to increase the efficiency of the organization and protect its interests both in interaction with customers and in legal relations with authorities.
Features of legal support for telecommunications companies
Telecommunication companies are organizations that offer mobile or landline telephone services, telegraph services, high-speed Internet access and cable television.
According to the law on communications on the territory of Russia, communications services are provided by communications operators to users of communications services on the basis of an agreement on the provision of communications services concluded in accordance with civil law and the rules for the provision of communications services.
The rules for the provision of communication services regulate the relationship between users and operators, the procedure for identifying users of communication services for transmitting data and providing access to the Internet, as well as the procedure and grounds for suspending the provision of communication services and terminating such an agreement for the provision of such services, the procedure for filing and considering complaints, user claims.
Currently, the Russian Government has approved various procedures for the provision of communication services, depending on the type of services. For example, the procedure for the provision of telephone services, the procedure for the provision of telematic communication services, the rules for the provision of communication services for data transmission, the rules for the provision of communication services for television broadcasting and (or) radio broadcasting, the procedure for the provision of telegraph services are currently in force.
These legal acts regulate the procedure for the interaction of the telecommunications company with the subscriber, the procedure for storing information about the subscriber and cases when the operator is obliged to transfer information to third parties, other rights and obligations.
Moreover, the requirements of the consumer protection law, which additionally protect the interests of customers, apply to the relations with customers of a telecommunications company who are provided services for personal household needs not related to their business activities.
A telecommunications company, when working with clients, acquires the status of a personal data operator and must process the received personal data in accordance with the established requirements. Failure to comply with all the necessary conditions in the contract can lead to claims from customers and to significant material losses for the organization working in the field of telecommunications. In this regard, when concluding contracts with customers, a telecommunications company must check the terms of the contract for compliance with legal requirements.
Also, the activities of any telecommunications company are associated with the conclusion of various types of contracts, including those related to the design, construction, maintenance of communication facilities, the provision of various types of services, the lease or sale of administrative buildings, and many others. other. When concluding certain contracts, it is necessary to comply not only with the general requirements for contracts, but also knowledge of the specifics of each contract and a competent approach to maintaining the balance of interests of the contracting parties.
The provision of communication services is inextricably linked with the development and implementation of new technologies, which requires knowledge and practice of applying legislation in the field of intellectual property rights protection. The occurrence of disputes and claims in this area can entail significant losses for the telecommunications company.
The telecommunications sector is characterized by a high level of competition, which requires special attention to the promotion of services with mandatory compliance with the requirements of advertising legislation. In addition, the law on advertising establishes special requirements for advertising that is distributed directly over telecommunication networks. Such advertising is allowed only with the prior consent of the subscriber or addressee to receive advertising. Thus, if a telecommunications company acts simultaneously as an advertiser, additional legal analysis of advertising materials and the procedure for their submission is required.
It follows from the foregoing that the activities of companies providing telecommunications services are associated with diverse legal aspects and require knowledge of both the general requirements of the legislation for the activities of commercial organizations and knowledge of the specialized legal norms governing telecommunications.
- Due diligence of telecommunications companies
- Legal support for the conclusion of contracts with clients
- Representing the interests of a telecommunications company when receiving claims from customers, participating in negotiations with customers
- Contractual support of all areas of activity of telecommunications companies (development of all types of contracts, verification of contracts provided by counterparties, participation in negotiations with counterparties)
- Protecting the interests of telecommunications companies during inspections by control and/or supervisory authorities
- Development of internal policies of telecommunications companies
- Assistance in the implementation of advertising activities and promotion of telecommunications services
- Legal support in the settlement of disputes in the field of intellectual property rights