Overview & Experience

Our team has an impressive track record of assisting businesses across all parts of the international and local Communications, Media and Information Technology industry. 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, 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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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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A selection of our recent instructions includes advising:

  • A US-based worldwide software development company and its Romanian subsidiary with regard to various legal issues in connection with software development agreements and regulatory matters related to its development activities in Iasi.
  • One of the major US-based worldwide telecommunications companies and its Romania-based subsidiary with respect to ongoing regulatory issues regarding the localization of its global services agreements as well as in connection with Data Protection and drafting regulatory survey reports concerning personal data processing, data controllers’ obligations, notification formalities, etc.
  • The largest worldwide search engine provider in relation to a wide spectrum of IT&C, corporate, contacting and data usage and protection matters, including the localization and implementation of various products and services for Romania. Assisting the client since the incorporation of its local subsidiary and thereafter for various ongoing functioning aspects of its business locally as well as in relation to regulatory issues concerning the legal regime of defamation in Romania, as well as data protection aspects triggered by the launch of an important online service in Romania.
  • 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.
  • The leading network operator in Italy in relation to general telecommunication regulatory requirements, as well as to the operation of its subsidiary.
  • A worldwide US-based computer chips producer on all corporate matters involved in the opening of its subsidiary in Romania. Legal work covered the whole range of legal matters involved in the operation of its software development center in Bucharest, the company’s first European Greenfield project.
  • The largest worldwide mobile communications manufacturer in relation to the launch of various services in Romania. We assisted the client with respect to regulatory matters, including the sale of e-books and apps in Romania.
  • A privately held Internet company based in USA 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 largest media conglomerate in the world in relation to the various contractual matters including the localization of the Global Terms of Use for the company’s Website.
  • The worldwide leading e-mail service provider 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.
  • The Romania-based branch of a British telecommunications company on regulatory reporting requirements.
  • Switzerland’s leading telecommunication company with respect to various regulatory and taxation issues related to the supply of electronic communication services.
  • The Romanian Authorities in connection with the sale of the minority stake in a top Romanian telecommunications company. Amongst others, we have been mandated, as part of a consortium, to conduct an in-depth due-diligence on the target company and prepare the privatization strategy. Our review has included IT, Telecoms & Media regulatory-related matters and an extensive review of the portfolio of
  • The Romanian inter-banking payment system operator in relation to the implementation of a complex nationwide system. Further assisting the client in implementing a recent innovative project developed together with a leading BCR (the Romanian Commercial Bank) in the field of e-invoicing.
  • The most important Korean based worldwide producer of telecommunication devices in relation to regulatory issues concerning the deployment of several related online projects in Romania, such as Social Hub, Bada Server, Find Buddy, A-Store, as well as legal assistance in relation to the Terms and Conditions and Privacy Policies applicable to such online services.
  • Representing a major German based TV provider and its Romanian based subsidiary on daily corporate and regulatory matters for its radio and TV networks in Romania, 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.
  • The Romanian central authorities for an in-depth legal analysis of the IT, Telecoms & Media regulatory-related matters, in connection with the National Radio Communication Company and the National Post Network, including reviewing the portfolio of contracts, licenses, permits, authorizations, etc.
  • The IT subsidiary of a major Romanian rail company with respect to the EUR 22,000,000 software development agreements concluded with the Romanian passenger railway passengers company and a leading IT company from Romania.
  • A worldwide IT software development company with respect to local day-to-day local operations, including software development, outsourcing activities and corporate and employment legal matters.
  • A worldwide IT software development company in relation to data protection issues referring to cross-border electronic services provided by a top management consulting, technology services and outsourcing company to a group of clients.
  • Advising the national depository of consumer credit information, in connection with the implementation of the single integrated IT, as well as drafting and negotiating the necessary agreements to implement the FICO® Score credit scoring system in Romania. Further advising the client on data protection matters.
  • A Romanian software development company in connection with the renewal of the standard End-User License Agreement used by the client for its Romanian clients.
  • An UK-based broadcasting company on the agreement with Romanian CATV companies for the distribution of a TV Channel, including advising on the general authorization regime of the Romanian audiovisual sector and the retransmission of another TV channel in Romania.
  • The Romanian central authorities in conducting a legal and legislative research as part of a major project for the re-evaluation and harmonization of Romanian communications laws.
  • The London Branch of a major France-based banking institution on several legal issues regarding Data Protection and drafting the notification to be submitted to the Romanian Data Protection Authority.
  • One of the leading home entertainment companies in relation to regulatory aspects pertaining to its online services’ Terms and Conditions, Privacy Policy and Registration Page for its online services. Additionally, we have advised the client in relation to various End User Licenses accompanying Sony the client’s products, Repair Service Plan and Warranty Terms and Conditions, Digital Imaging Accessories, End-User Licenses and other legal assistance in relation to regulatory requirements.
  • One of the world’s leading companies in beauty products market in drafting an online distribution agreement with an online retailer, comprising clauses related to electronic commerce regulations, liability of online retailers, intellectual property and online contract formation, also several Data Protection matters.
  • One of the most important pharmaceutical companies on several legal issues regarding Data Protection and legal assistance with respect to the Client’s relationship with the Romanian Data Protection Authority.
  • A major Italian-based insurance company in relation to a software copyright settlement between the client and the author of such software.
  • A subsidiary of 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.
  • The leading France-based telecom services provider with respect to corporate restructuring, following the acquisition of a leading international telecommunication company, as well as on the transfer of another company’s shares to the newly-incorporated company, an indirect subsidiary of the client.
  • A market and technology leader in business software solutions in view of the localization of its standard software license and maintenance agreement.
  • A major Romanian based IT company in connection with a software license agreement concluded with the Ministry of Internal Affairs.
  • An IT infrastructure, services and solutions company 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.
  • A renowned pharmaceutical company 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.
  • A major Italian based meat processing conglomerate 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.
  • The most important banking institution in the USA on several legal issues regarding Data Protection, reviewing the personal data transfer agreement and drafting a summary of the data protection/privacy, bank secrecy/confidentiality, and financial outsourcing requirements that may apply to cross-border customer data transfers outside Romania.
  • A major Scotland-based banking institution 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.
  • One of the leaders in German and European trading and travel in relation to the regulatory overview concerning data protection with respect to the implementation of internal video surveillance.

Accolades 
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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