TMT


Our IT and Telecommunications department is best known for its in-depth knowledge of the regulatory framework governing the sector as well as for successfully plotting litigation strategies.

Indeed, KLF maintains a close relationship and provides for more than 20 years continuous advice to Vodafone-Panafon (the Greek subsidiary of Vodafone plc) on all business matters, including major day-to-day issues, regulatory compliance, EMF and antennas installation issues, fining and competition law issues, as well as on major cases to be litigated, including data protection/interception cases and commercial cases.

In addition, our department has extensive experience in drafting telecommunication contracts and, in particular, colocation and network sharing contracts, while we have been involved in due diligence exercises in practically most of the important IT companies active in the Greek market, such as Wind Hellas, Hellas on Line and Forthnet.

KLF has a close and well appreciated cooperation with the competent Administrative Authorities in the sector as well as with the competent Ministries.

Our TMT practice is advising the Mobile Industry Association, since its establishment; hence our department is present in all debates, advocacy and law-making initiatives for shaping or revising electronic communications enforcement framework, which gives us invaluable experience and insights on the sector.  KLF advises continuously Bloomberg on regulatory and security policy issues.
Recent Highlights
  • Joint Venture between Vodafone-Panafon and Wind Hellas S.A. established with the purpose of implementing a Radio Access Network sharing, in order to improve network coverage, capabilities and performance, decrease operating costs and reduce unitary investment costs and improve broadband coverage and speeds.
    In this innovative deal which was the first network sharing transaction in Greece and among the very few completed so far in Europe between competing mobile operators, KLF advised Vodafone-Panafon. Our IT & Telecommunications department negotiated and drafted the first network sharing services agreement in Greece.
  • Our Firm has been advising Vodafone-Panafon on the joint non-binding offer it submitted together with Wind Hellas Telecommunications S.A. to acquire the total of the shareholding of Forthnet S.A. one of Greece’s main operators of triple play communications (telephony, internet and pay TV). Our firm was entrusted to conduct the Legal Due Diligence of Forthnet, acting jointly for both Vodafone and Wind Hellas.
  • Our IT & Telecommunications department is handling all litigation related to interception cases, both before the Administrative Courts and before the Civil Courts. Following successful litigation against the imposition of a €80 M fine by the Hellenic Authority for Communication Security and Privacy, we have prepared the briefs and provided continuous support to Vodafone for challenging before the Administrative Courts another fine by the Hellenic Authority for Communication Security amounting to €50,6 M, as well as  a fine by the Hellenic Telecommunications and Post Commission amounting to €19,1 M. As regards damages claims, our department has provided support to Vodafone for approximately 16 cases pending before the Civil Courts.
  • Our IT & Telecommunications department is fully handling litigation regarding fines for breach of number portability regulations and for related concerted practice. Following successful litigation against a fine of €500K by the Hellenic Telecommunications and Post Commission before the Athens Administrative Court of Appeals, the authority filed a petition for cassation before the Supreme Administrative Court (Council of State). We represented Vodafone at the hearing (within 2014), and the judgment is pending. In addition, within 2015 we challenged another fine of circa €2,6M imposed by the the Hellenic Telecommunications and Post Commission for breach of number portability regulations
  • The Greek Mobile Operators Association is a non-profit civil partnership between the three major Greek mobile operators, having as its objectives to consult on any regulatory procedures, participate in the decision-making process of any legislative or technical committees on international, European or national level and cooperate with foreign organisations or entities in the context of any bilateral or multilateral collaboration.
    Our IT & Telecommunications department provides continuous legal support in, and supervision of, the Association’s actions, and the major project we undertook in 2014 was to submit all proposals regarding the revision of the regulatory framework which governs installation and authorisation of antennas.  In this regard our role was to daft proposals, consult with all competent ministries and the Regulator and support the Association before the Greek Parliament.
For more info please contact:
Nikitas Fortsakis