Overview & Experience

Our Telecom, IT & Media practice has an impressive track record of assisting businesses across all parts of the international and local Communications, Media and Information Technology industry. Our practice is well-known for its proficiency in handling all manner of complex technical and regulatory mandates.

The practice benefits from the firm’s strength across multiple practice areas. Positive spill over from other parts of Muşat & Asociaţii’s full-service offering ensure that our TMT clients benefit from high-quality, holistic advice.

The size of the TMT team and ability to draw on the expertise of neighbouring practice areas at Mușat & Asociații enable us to commit resources to new technologies and regulatory demands. We ensure this forward-looking approach is always neatly aligned with our clients’ commercial goals.

Our lawyers work tirelessly to stay ahead of changes to both local and regional legislation and to analyse how such developments impact the commercial goals of our clients. The extensive experience of the practice’s senior lawyers enables us to provide seldom-matched market insight to clients across the whole spectrum of industry areas.

We have a growing portfolio of innovative clients, globally and locally. The deals on which we advise in this sector are often high profile and headline grabbing. Our reputation is based on the quality of regulatory and transactional advice we give to both buyers and sellers of communications services.

We advise in all areas of communications, broadcasting, E-commerce, Internet services, software development and licensing, cybersecurity, big data, infrastructure, project and equipment finance.

We also advise on compliance and regulatory issues concerning data protection and privacy matters, including, but not limited to, notification formalities, data controller’s obligations, cross-border data transfers, outsourcing projects and internal assessments and anti-corruption investigations. During recent years we have been significantly involved in the full spectrum of data protection matters for high profile customers in the pharma, insurance, automotive and IT industries.

Our clientele includes private clients and State-owned entities active in mobile and traditional telephone systems, cable and TV broadcasting, voice data transmission and satellite operations, hardware and software producers and suppliers and various users of information technology services. We have also advised local service providers and network operators on regulatory and licensing matters.

IULIAN POPESCU
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Deputy Managing Partner

Areas of practice: Corporate & Commercial Law, Mergers & Aquisitions / Privatisation, Telecom, IT & Media, Shipping, Aviation & Transport Law

Phone: +40 21 202 59 28

Fax: +40 21 223 04 95

E-mail: iulian.popescu@musat.ro

Address: 43 Aviatorilor Boulevard, 1st District, Code 011853, Bucharest, Romania

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Practice Highlights. A selection of our deal highlights includes advising and representing: 

  • Facebook Inc., the giant American online social media and social networking service company based in California and one of the “Big Four” technology companies along with Amazon, Apple, and Google, with more than 2.3 billion monthly active users. We have assisted Facebook on legal matters pertaining to current and future norms related to EU law covering fixed and wireless telecoms, internet, and broadcasting and transmission services. We have also assisted FB on interactions and discussions with relevant Romanian stakeholders on the forward-looking and simplified rules that make it more attractive for all companies to invest in new top-quality infrastructure and the manner to ensure a fair and equal playing field for telecoms and over the top operators.
  • Amazon Technologies, Inc., a worldwide IT software development company, and Amazon Development Centre Romania, its Romanian subsidiary, with regard to various legal issues in connection with software development agreements and regulatory matters related to its development activities in Iași.
  • Google, in relation to a wide spectrum of IT & C, corporate, contracting and data usage and protection matters, including the localization and implementation of various products and services for Romania, including Street View, Business Photos, Chromecast, Digital Locker and Play. We have been assisting the client since the incorporation of Google Bucharest and thereafter for various ongoing functioning aspects of its business locally. Also, we have been retained by Google in relation to regulatory issues concerning the legal regime of defamation in Romania, as well as data protection aspects triggered by the launch of Google’s Street View Project in Romania.
  • Intel Corporation, on all corporate matters involved in the opening of its subsidiary in Romania, Intel Software Development SRL. Legal work covered the whole range of legal matters involved in the operation of its software development center in Bucharest, Intel’s first European greenfield project.
  • Apple, in relation to the launch of various iTunes-related services in Romania. We assisted the client with respect to regulatory matters, including the sale of e-books and apps in Romania.
  • The Romanian Government, for an in-depth legal analysis of the IT, Telecoms & Media regulatory-related matters, in connection with the National Radio Communication Company and Poșta Română (the National Post Network), including reviewing the portfolio of contracts, licenses, permits, authorizations, etc.
  • The Ministry of Communications and Information Technology, General Inspectorate of Communications, Eurostrategies and InterConnect Communications, in conducting a legal and legislative research and analysis in relation to a major project for the re-evaluation and harmonization of Romanian communication laws.
  • Bank of America, on various legal issues regarding Data Protection, reviewing the personal data transfer agreement and drafting an analysis of the data protection/privacy, bank secrecy/confidentiality, and financial outsourcing requirements that may apply to cross-border customer data transfers outside Romania.
  • The consortium consisting of UBS Limited – UK, Swiss Capital, and BT Securities, which has been selected by the Romanian Government, through the Ministry for Telecommunication and Information Society, to perform the privatisation of Telekom Romania, one of the top three telecom operators in Romania.
  • Yahoo!, with respect to a large set of questions regarding legal aspects of the Romanian advertising legislation, in view of a planned advertising campaign on the Internet, under the Romanian jurisdiction.
  • Sony Pictures Home Entertainment, in relation to regulatory aspects pertaining to the Terms and Conditions, Privacy Policy and Registration Page of its online services, as well as in relation to various End User Licenses accompanying Sony products, Repair Service Plan and Warranty Terms and Conditions, Digital Imaging Accessories End-User Licenses and other legal assistance in relation to regulatory requirements.
  • AT&T Global Network Services Romania, the Romanian-based subsidiary of AT&T Global Network, with respect to ongoing corporate and regulatory issues regarding the localization of its global services agreements. Also advising the client in connection with Data Protection and drafting regulatory survey reports concerning personal data processing, data controllers’ obligations, notification formalities, etc.
  • Telekom Italia Sparkle, a global telecommunications company and the largest Italian telecommunications services provider in terms of revenues and subscribers. Our mandate has included legal assistance on various telecom matters, including representing the client in front of the National Authority for Management and Regulation in Communications (ANCOM), and analysis of documents provided by the client in order to submit the client’s file with the authority, assisting the client in relation to various related regulatory updates, as well as reporting procedures before ANCOM.

Other representative mandates of our Telecom, IT & Media practice includes advising:

  • Disney, in relation to various contractual matters including the localization of the Disney Global Terms of Use for the Disney Website.
  • Ancestry, on the conclusion of a digitization agreement for the purpose of digitizing the historical records existent at the National Archives of Romania. The assistance comprised, inter alia, regulatory advice and drafting the contract to meet the requirements of the parties.
  • The Romanian-based branch of British Telecommunications, on regulatory reporting requirements in the electronic communication sector.
  • Swisscom, Switzerland’s leading telecommunication company, with respect to various regulatory and taxation issues related to the supply of electronic communication services.
  • Transfond, the Romanian inter-banking payment system operator, in relation to the implementation of a complex nationwide system. Further assisting Transfond in implementing a recent innovative project developed together with BCR (the Romanian Commercial Bank) in the field of e-invoicing.
  • Samsung, in relation to regulatory issues concerning the deployment of several Samsung online projects in Romania, such as Samsung Social Hub, Samsung Bada Server, Samsung Find Buddy, Samsung A-Store, as well as legal assistance in relation to the Terms and Conditions and Privacy Policies applicable to such online services.
  • The Romanian subsidiary of Prosiebensat.1 Media A.G. Group, SBS Broadcasting Media S.R.L., on daily corporate and regulatory matters for its radio and TV networks (Prima TV, Kiss TV, Kiss FM, Rock FM and Magic FM), as well as advising on legal issues arising from broadcasting various TV shows, and representing the client before the National Audiovisual Council of Romania and in several court litigations.
  • Informatică Feroviară S.A., with respect to the EUR 22,000,000 software development agreements concluded with the Romanian passengers railway company CFR Călători and Hewlett Packard Romania.
  • Oracle Romania, with respect to local day-to-day operations, including software development, outsourcing activities and corporate and employment legal matters.
  • Accenture, in relation to data protection issues referring to cross-border electronic services provided by Accenture to a group of clients.
  • Biroul De Credit (The Credit Bureau), the national repository of consumer credit information, in connection with the implementation of the single integrated IT system, as well as drafting and negotiating the necessary agreements to implement the FICO® Score credit scoring system in Romania, fully operational starting March 2009. Further advising Biroul De Credit on data protection matters.
  • Epicor Software Romania, in connection with the renewal of the standard End-User License Agreement used by Epicor for its Romanian clients.
  • Viasat Broadcasting UK, on the agreement with Romanian CATV companies for the distribution of the Viasat Explorer Channel, including advising on the general authorization regime of the Romanian audio-visual sector and the retransmission of TV 1000 Central in Romania.
  • BNP Paribas (the London Branch), on several legal issues regarding Data Protection and drafting the notification to be submitted to the Romanian Data Protection Authority.
  • L’Oreal, in drafting online distribution agreement, comprising clauses related to electronic commerce regulations, liability of online retailers, intellectual property and online contract formation, also several Data Protection matters.
  • F. Hoffman la Roche and Roche Romania, on several legal issues regarding Data Protection and legal assistance with respect to the Client’s relationship with the Romanian Data Protection Authority.
  • Hospitality Services Plus S.A., a subsidiary of Swisscom and a leading global provider of high-speed Internet-based services to the hospitality industry, with respect to various regulatory issues related to the supply of electronic communication services.
  • France Telecom, with respect to corporate restructuring, following the acquisition of Orange Plc. as well as on the transfer of Mobil Rom’s shares to the newly-incorporated Orange S.A., an indirect subsidiary of France Telecom.
  • Generali, in relation to a software copyright settlement between Generali and the author of such software.
  • SAP A.G., the market and technology leader in business software solutions, in view of the localization of its standard software license and maintenance agreement.
  • Choicepoint and i2 Ltd., in connection with a software license agreement concluded with the Ministry of Internal Affairs.
  • CSC Computer Sciences Ltd., in relation to reviewing various outsourcing agreements for their compliance with the Romanian law. In addition, we have also provided legal advice in connection with data protection issues concerning the implementation of a new integrated worldwide HR management system.
  • Astellas Pharma International, on several legal issues regarding Data Protection and drafting the required consent letters, data processing agreements, data transfer agreements and specific formalities related to the notification process before the Romanian Data Protection Authority.
  • Campofrio Food Group, on several legal issues regarding Data Protection and legal assistance with respect to drafting and executing the necessary documentation and registration of the Client, as data controller, with the Romanian competent authority.
  • RBS, on several legal issues regarding Data Protection, including reviewing and amending a consent letter to be executed by the clients of a bank in relation to processing operations of their personal data.
  • Rewe Romania, in relation to the regulatory overview concerning data protection with respect to the implementation of Rewe’s internal video surveillance.
  • Verizon, a global leader in innovative and integrated communications and technology solutions, with respect to the provision of legal assistance on various telecom matters, including representing the client before the National Authority for Management and Regulation in Communications (ANCOM).
  • Capgemini, one of the world’s leading companies in consulting, technology and outsourcing, in connection with the opening and operation of its outsourcing center in Romania.
  • Discovery Channel, one of the most widely distributed cable and satellite television channels and property of Discovery Communications, with respect to various legal issues related to data protection legal compliance in Romania.
  • Clever Tech, a Daimler Group software design and engineering company, well-known in Romania for developing one of the country’s most popular taxi apps, in connection with various aspects and updates related to GDPR implementation, as well as compliance with the local relevant data protection legislation.
  • Electrolux, the Swedish multinational home appliance manufacturer, in various aspects and updates related to GDPR implementation. We have advised the client on all the necessary steps to ensure that they are GDPR-compliant, including data mapping, gap analysis in order to prepare the remediation plan, risk assessments and implementation.
  • Servier, a French independent pharmaceutical group with a presence in 140 countries, ranked as the second-largest French pharmaceutical company worldwide, in various aspects and updates related to GDPR implementation and localization of documents in order to ensure compliance with the local data protection legislation.
  • Mega Image (a Delhaize Group company), a world-leading food retailing company in relation to GDPR implementation process and creating and implementing its marketing and promotional programmes, such as loyalty cards, in order to comply with the relevant legal framework and data protection provisions.
  • Magneti Marelli Automotive, a designer and producer of hi-tech systems and components for the automotive sector and a major supplier to leading carmakers globally, in various aspects and updates related to GDPR implementation, including data mapping, gap analysis, risk assessments and implementation.
  • Assa Abloy Group, one of the global leaders in high-performance entrance door systems. We assisted the company in relation to GDPR implementation, including analysing specific documents to ensure compliance with GDPR provisions, advice on legal grounds for data processing, and identification of data flows.
  • TBI Bank, a member of the 4finance Holding S.A., one of Europe’s largest online and mobile consumer lending groups and a leading player on the financial market in Central and Eastern Europe, with respect to all necessary steps to ensure GDPR implementation, including operations such as data flow mapping, gap analysis, risk and legitimate interest assessments, drafting information notices, privacy policies and consent forms, as well as other relevant documents for the Client’s business field.

Accolades 


Clients highlight the team's promptness and dedication, with one source stating: "They are very well organised and have the clarity and knowledge to handle very short and critical deadlines." Source: Chambers Europe

A source highlights the lawyer's responsiveness: "The team is highly available and able to resolve issues on short notice. Their opinion is well respected by all parties at the table and this gives an edge in any negotiation or issue." Source: Chambers Europe

In recent highlights, Muşat & Asociaţii’s team is acting as lead legal adviser in a consortium selected by the Romanian government to assist the Romanian Ministry of Communications and Information Society with the privatisation of Telekom Romania. Iulian Popescu heads up the group. Source: Legal 500

Sources observe the firm's presence and knowledge to be key strengths. One client notes: "It has a strong position on the Romanian legal market and a good reputation too." Source: Chambers Europe

‘Clients really like working with’ Muşat & Asociaţii. Source: Legal 500

Muşat & Asociaţii has "a strong understanding of the local business and legislative environment". Source: Legal 500

“The IT, Telecoms & Media department at Muşat & Asociaţii remains the strongest practice in Romania for technology clients.” Source: Legal 500

“Muşat & Asociaţii’s IT clients praise the way the firm mixes ‘technical skill with sound legal advice’.” Source: Legal 500

“Muşat & Asociaţii has a leading technology practice which covers the full range of IT, telecoms and media work.” Source: Legal 500

“Muşat & Asociaţii offers IT, Telecoms & Media clients genuine sector expertise and this is reflected in the caliber of its client data base.” Source: Legal 500

“This firm is involved in some of the biggest cases, which are often the first of their kind” say peers. Source: Chambers & Partners

Clients points to “a committed and impressive team of IT legal professionals”. Source: Legal 500

“Muşat & Asociaţii delivers great service in a very tough environment.” Source: Chambers & Partners

Muşat & Asociaţii has “a dominant share of the country's business” and “garners much respect from its competitors and clients”. Source: IFLR 1000

Muşat & Asociaţii has "a strong understanding of the local business and legislative environment". Source: Legal 500

“The IT, Telecoms & Media department at Muşat & Asociaţii remains the strongest practice in Romania for technology clients.” Source: Legal 500

Over the past 20 years, the firm has built up a reputation of being capable across all areas. “I thought they handles all the sides of a deal very well”, says one client. “They were innovative and commercially minded throughout”. Source: IFLR 1000
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