Industry focus: TMT in Spain
The team at Baker McKenzie provides ‘practical, commercial advice’ across the information technology, media and telecoms sectors, in areas such as financing, regulatory issues, e-commerce, and data privacy and protection. The group handles matters such as the structured financing of film and television productions, machine-to-machine agreements and telecoms regulation, including the granting of radio spectrum licences and the provision of voice and data services. José María Méndez, who focuses on media matters including production, financing and distribution of content and the management of corporate deals, leads the practice with IT and telecoms specialist Raúl Rubio, who is experienced in information security, electronic arbitration and mediation, and online administration.
ECIJA’s TMT team includes firm founder Hugo Écija, who is particularly active advising media corporations; media and intellectual property specialists Alejandro Touriño and Juan Salmeron; M&A and private equity partner Emilio Prieto; and IT and data protection specialist Alonso Hurtado. Recent highlights include advising Netflix on regulatory matters relating to three shows and on television financing.
- Advised Vodafone in relation to a binding query before the CNMC.
- Advised Macro on the rights and licences involved in broadcasting football matches on televisions displayed in its shops.
- Advised the BSA | The Software Alliance (which has members including Microsoft, Siemens and Adobe) on anti-piracy enforcement.
The team at Garrigues provides an information technology-focused service, dealing with matters relating to data protection and privacy, regulatory and competition law, and internet liability. The practice is co-led by José Ramón Morales, who also heads the firm’s technology and outsourcing group; regulatory expert Javier Marzo; and Carolina Pina, who has experience in media and intellectual property law and digital business. Alejandro Padín, who specialises in IT and data protection, is also noted. The group is currently advising the Computer and Communications Industry Association on challenging the potential implementation of digital services taxes.
La Liga De Fútbol Profesional
- Represented Google and its parent company, Alphabet, in their challenge before the EU General Court to the record €4.34bn fine imposed by the European Commission concerning the licensing of the Android mobile operating system.
- Advised IBM on the negotiation of an agreement with Naturgy to provide IT infrastructures services to the Naturgy Energy Group.
- Advised Iberdrola, an energy and telecoms group, on assigning the right of use of the spare capacity of its dark optical fibre network in Spain to Lyntia Networks.
Uría Menéndez advises clients in areas such as cybersecurity, artificial intelligence and fintech. In addition to assisting with e-commerce matters, the practice provides transactional and M&A-related advice to clients in the media and telecoms sectors. Other key areas of work include issues related to disruptive technology and advice on investigations and litigation. Pablo González-Espejo, who focuses on commercial law and regularly acts for Latin American clients, heads the team. Intellectual property and unfair competition specialist Borja Sainz de Aja is also recommended and advises clients in the electronics, microelectronics and software sectors. E-commerce and data protection specialist Leticia López-Lapuente, who leads the firm's e-commerce and data protection groups, was recently promoted to partner.
Slaughter and May
Covington & Burling
- Advised Santander on negotiating an agreement between Santander Group and IBM for the provision by IBM of licensing, cloud and other IT-related services to Santander affiliates worldwide.
- Provided day-to-day advice to Microsoft on IT and digital-related matters.
- Advised Facebook on data, e-commerce and digital matters, including regulatory advice.
Clifford Chance provides a full-service offering, advising on regulatory, commercial, financing, cybersecurity, competition, intellectual property and litigation matters in the TMT sector. The team regularly represents telecoms and media operators in contentious administrative procedures. Jaime Almenar provides ‘a pragmatic approach and alternative solutions’ in his regulatory advice on telecoms and tech transactions. Regulatory specialist Carme Briera, who advised Ifema on the development of a free wi-fi network in Madrid, is recommended for her ‘knowledge of the sector’ and ‘high-quality work’. Highlights included advising Magnetar Capital on the corporate and financial restructuring of the Eurona Wireless Telecom group.
- Represented Samsung in an investigation into Google Android by the European Commission.
- Provided British Telecom with ongoing regulatory advice on telecoms, public procurement, sanctions and payment services issues.
- Advised infrastructure fund Asterion on the acquisition of 11 data centres from Telefónica.
Javier Torre de Silva leads the TMT practice at CMS Albiñana y Suárez de Lezo with telecoms specialist Jorge Sánchez, who has experience in projects involving underwater high-capacity fibre infrastructure. The team provides regulatory advice and has particular experience in the telecoms area. Other key areas of work include film production and finance, content distribution, digital marketing, machine-to-machine and Internet of Things agreements, e-commerce, outsourcing advice, big data and defamation cases. José Luis Piñar, who focuses on IT and data protection law, is also recommended. The group is currently advising BT España on day-to-day regulatory, commercial and data protection matters.
‘Well-prepared and responsive team’
‘Javier Torre de Silva is an outstanding lawyer’
Algerie Telecom Europe
Amazon Web Services (AWS)
Fundación Centro De Innovación De Infraestructuras Inteligentes (CI3) (Ferrovial Group)
British Telecom España (BT España)
Banco de Sabadell
- Advised Algérie Télécom Europe on the installation of an underwater fibre cable linking Africa and Europe.
- Advised Ferrovial, a transport infrastructure and urban services company, on a telecoms outsourcing agreement.
- Advised Amazon Web Services on technology, media and communications matters.
Cuatrecasas advises on matters across the TMT sector, with a team made up of lawyers from multiple departments, including intellectual property, public law, finance, competition and litigation. The team has a particular focus on gaming, gambling, outsourcing and e-commerce. Heads of intellectual property and IT Albert Agustinoy, who advises e-commerce operators with a focus on the gambling industry, and Álvaro Bourkaib, who specialises in the production and transfer of intangible assets, lead the practice. At present the team is advising Airbnb on intellectual property and e-commerce matters and acting as Betfair’s global adviser on gambling and gaming law, personal data protection and anti-money laundering law.
- Advised Biometric Vox on issues relating to the validity of an electronic voice signature.
- Advised on the sale of the Zeta Group and its publishing branches, including El Periódico de Catalunya and Sport, to Prensa Ibérica Media.
- Advised Netflix España on tax matters related to international productions shooting films in Spain.
The TMT practice at DLA Piper focuses on technology, with clients in the manufacturing, retail, consumer products and pharmaceutical sectors. The practice also contains a gambling and gaming group led by Paula González de Castejón, who has extensive experience in the medical, pharmaceutical and biotech sectors, and a technology outsourcing group. Diego Ramos, who advises on distribution and sales agreements, international data transfers, information management and data protection, heads the team.
- Advised risk solutions company Aon on data protection.
- Advised a household energy solutions manufacturer in Spain and Portugal on the design of new marketing products and the technology systems supporting them.
- Advised a military technology group on expanding its global business.
Gómez-Acebo & Pombo provides a ‘personalised service’ across the sector, including on regulatory issues in media and telecoms, finance, tax, technology outsourcing, data privacy, e-commerce and consumer protection. The practice has a growing niche specialism in audiovisual content. Corporate and commercial lawyer Almudena Arpón de Mendívil leads the team and is currently advising Círculo Fortuny, a member of the European Cultural and Creative Industries Alliance, on anti-counterfeiting measures and selective distribution. Senior associate Isabela Crespo, who specialises in data protection, is also recommended.
‘Overall deep understanding and quick response times’
‘Almudena Arpon has been my go-to attorney for large transactions in Spain for over ten years’
‘A deep bench of both partners and associates’
- Advised Eutelsat, a French satellite operator, on the negotiation of the renewal of a licence granted by the client to Hispasat.
- Advised Freeda, a digital media production company, on issues relating to copyright, image rights, advertising law and data protection.
- Advised Carrefour España in relation to data protection and e-commerce issues.
Pérez-Llorca advises public and private technology companies and telecoms and media providers on taxation, data protection, compliance, e-commerce and disputes. The practice has acted for clients in the e-commerce, software, payment services, technology and advertising sectors. New team head Andy Ramos Gil de la Haza joined from Bardají & Honrado and specialises in intellectual property, technology and matters relating to video games. The practice also includes José Ramón de Hoces, who focuses on administrative and regulatory matters, and Pedro Fernández, who leads the firm’s venture capital and start-up practice.
Asociación Española de Videojuegos (AEVI)
Thinking Heads Group, S.L.
Comunidad Filmin, S.L.
eXeira – Netblue Solutions, S.L.
Bimbo Donuts Iberia, S.A.U.
Eintegra Technology Consulting 2020, S.L.
Ziacom Medical, S.L.
Fundación Aline Griffith Condesa Viuda de Romanones
- Advised ConnecT, the majority shareholder of telecoms infrastructure operator Cellnex, on its share capital increase for an amount of approximately $1.2bn.
- Advised NetBlue, a technology company that researches the uses of virtual reality for patients who have suffered brain trauma, on the protection of the company’s intangible assets, including trade secrets, software, trade marks and data protection.
- Drafted policies for Eintegra, a mobile phone distributor, to ensure compliance with third-party intellectual property requirements.
Ramón y Cajal Abogados’ TMT practice has a technology focus, dealing with matters concerning data protection, cybersecurity, online gaming, outsourcing and cloud computing, as well as audiovisual rights and intellectual property. The practice has clients in the software, IT services, finance, gaming and advertising sectors. The team is currently advising NetEnt, a Swedish gambling company, on regulatory matters and IT agreements. Norman Heckh who is noted for his ‘business approach’ and has extensive experience in data protection, e-commerce and distance selling, and gaming, heads the practice with Antonio de Mariano Sanchez Jauregui.
‘Combines very good legal knowledge and industry understanding’
Red Canary (Star Casino Group)
SoYou (a joint venture between Bankia and Crédit Agricole)
Network Steel Resources
Hospital de Toledo
Springer Sport Spain (Bet3000)
Optima Information Services
- Advised Red Canary on obtaining two gambling licences.
- Advised Network Steel on an IT outsourcing deal.
- Advised BMW on implementing apps for car distributors and the related IT agreements.
Boutique law firm Abril Abogados, SL focuses on intellectual property rights enforcement and on digital infringement in the TMT sector. Intellectual property litigator Ignacio Temiño Ceniceros heads the team, which also includes advertising and compliance specialist Carolina Montero and Ruben Canales, who focuses on the entertainment arena. Recent highlights include advising Nissan on its advertising campaign related to the Uefa Champions League.
Mahou San Miguel
- Assisted Coachella festival with brand protection in Spain.
- Advised Fisabio, a Valencian non-profit scientific and healthcare entity, on data protection issues.
- Advised Yoigo, a telecoms operator, on compliance issues connected with a new product.
Bird & Bird provides advice on commercial transactions, arbitration, cybercrime, IT litigation, privacy and data protection for clients in the technology and media sectors. The team is led by Pablo Berenguer, who focuses on commercial and IT law. Recent highlights include advising eBay on data protection matters and its new payments business. Alexander Benalal left the firm in 2020; Guadalupe Sampedro left in 2021.
Hitachi Vantara Group
- Advised Openbank on an outsourcing contract relating to the externalisation of payment processing services.
- Advised Verizon Telematics on contractual matters relating to the integration of Movildata Internacional, a Spain-based provider of commercial fleet management solutions, into its current business.
- Advised StubHub on day-to-day data protection matters.
Intellectual property specialist Vicente Arias Máiz heads the team at Eversheds Sutherland Nicea, which focuses on the entertainment sector, with clients in the music and television industries. The practice handles matters including IP litigation and data privacy and security issues. The team also includes Celia Bouzas, who leads the privacy unit within the department.
Sony ATV Music Publishing
Warner Music Spain
Emi Music Publishing
Kobalt Music Publising, Ltd.
Onmobile Global Networks
- Defended Sony/ATV Music Publishing against claims of plagiarism over the song ‘La Bicicleta’.
- Defended Warner Music Spain against a claim by an artist over rights to masters and royalties.
- Drafted model agreements for Pacha Multimedia’s music business, and advised on its reorganisation and the restructuring of its contractual relationships.
EY Abogados offers a full-service TMT practice, drawing on the firm’s public law, litigation, M&A and competition expertise. The practice particularly focuses on transactional advice and on data protection. Blanca Escribano, who has an ‘outstanding comprehension of legal intricacies’, heads the team. She provides advice on commercial, regulatory and litigation matters to clients including content producers, network and service providers, and distributors. The practice also includes regulatory and litigation expert Sofía Fontanals, who has extensive experience in TMT compliance and regulatory issues, and in electronic communication networks and digital marketing.
‘Great knowledge of legal risks, technological advances, and market trends and needs’
‘Pragmatic, committed and always focused on the client’
Ecoprensa (El Economista)
Association of Publishers (AMI)
Fundación de Atención y Soporte a la Dependencia y Promoción de Autonomía Personal (Gobierno Islas Baleares)
- Acted as external data protection officer for Axpo Iberia.
- Provided Softonic International with day-to-day advice on commercial, contractual and regulatory issues.
- Advised Telemadrid (Radio Televisión Madrid) on reorganising its radio and television public entities.
The team at Hogan Lovells International LLP is highly focused on information technology and data privacy matters. Gonzalo F. Gállego , who has expertise in cybersecurity and privacy, heads the practice. Recent highlights include advising Clarity AI on the launch of its artificial intelligence service, and assisting Molinapps with the implementation of a hosting platform for the storage and sharing of medical data.
Rousaud Costas Duran advises clients in the e-commerce, communications, software and gaming sectors, and has particular strength in acting for start-ups. Key areas of work include assisting with data protection issues, privacy policies, cybersecurity and licence agreements. Information technology specialist Ignasi Costas heads the team, and has previously acted for blockchain groups, digital platforms and technology firms. The practice also includes Carles Ros, who has experience advising tech start-ups and e-commerce companies, and Oscar Alegre, who advises on licensing, technology agreements and fintech.
Santiago Mediano Abogados
Juan Carrasco leads the team at Santiago Mediano Abogados, which advises on data privacy and data protection, e-commerce, advertising, enforcement procedures and regulatory developments. Carrasco has extensive expertise in technology agreements, data protection and privacy, compliance, electronic administration and matters relating to online gambling. The practice has experience acting for start-ups and web-based businesses, and has previously advised on production and co-production agreements, distribution agreements, IP rights licensing and litigation, and advertising and online marketing.