Technology Law
Software and IT services contracts, online stores, personal data, electronic evidence and computer crime.
If you run an online business in Iran, or face computer crime, online fraud or a software dispute, the firm handles the contract, complaint or defence under Iran's technology laws.
Technology and Online Business
Software contracts, online stores, customer data and electronic evidence fall under several separate Iranian laws, and the firm looks at each matter with all of them in view.
Advice on a technology matterSoftware and IT Services Contracts
Commissioning software, support and maintenance, hosting and cloud services, and software licences, drafted and reviewed so the client's rights are clear and protected.
Rights in Software
Under Iran's Law on the Protection of the Rights of Computer Software Creators (1379), the economic rights in software first produced and distributed in Iran are protected for thirty years from its creation. Where the purpose of the employment or contract was to create that software, the law gives the employer the right to modify and develop it unless agreed otherwise, and says nothing express about the other economic rights, so every right should be settled in the contract. An infringement claim is heard by the judicial authorities only if the software's technical approval was issued before the claim was filed. The firm also handles technical approval and registration, assignments of rights, and bringing or defending infringement claims.
Online Stores and E-Commerce
Terms of use and store policies, the information the Electronic Commerce Law requires before a distance sale, and the consumer's right to withdraw, which lasts at least seven working days and does not apply to some goods and services. The trade licence from the relevant guild union, which Article 87 of the Guild System Law requires for guild activity online, and the e-Namad trust seal, which is required in practice to obtain a payment gateway, are also reviewed as part of this work.
Personal Data and Confidentiality
Rules protecting personal data in Iran are found in several laws, including the Electronic Commerce Law and the Law on Publication of and Free Access to Information. The firm drafts privacy policies, confidentiality terms and data storage and processing agreements to fit those rules.
Electronic Signatures and Electronic Evidence
Under the Electronic Commerce Law a court may not deny a data message evidential weight merely because of its form, and a data message created and kept by a secure method, or a secure electronic signature, counts as a valid document. An ordinary message or email usually does not meet that standard, and the court weighs it with the other evidence. The firm prepares messages, emails and electronic documents for use in court and, where their authenticity is disputed, asks for the question to be referred to an official court expert and follows it through.
Computer Crime
Complaints and defence in cases of unauthorised access, interception, forgery, data damage and computer fraud under Articles 729 to 782 of the Islamic Penal Code (Book Five, Ta'zirat; the Computer Crimes Law), with electronic evidence preserved from the start of the matter.
Start-ups and Knowledge-Based Companies
Founders' agreements, bringing in investors and transferring shares, protecting trade secrets under the Industrial Property Protection Law (1403), and the legal side of applying for knowledge-based certification from the Vice Presidency for Science, Technology and Knowledge-Based Economy.
Technology Contracts with a Foreign Party
Software licences, technology transfer and buying cloud services from a foreign company. Under Article 968 of the Civil Code, an Iranian court will in principle apply the law of the place where a contract with an Iranian party was made, and will not readily accept a different chosen law. In international commercial arbitration the arbitrator in principle decides under the rules the parties chose, subject to mandatory rules and public policy. Where the Iranian party is a state or public body, referring a dispute over public or state property to arbitration needs Council of Ministers approval under Article 139 of the Constitution and, because the other party is foreign, Majlis approval as well. The choice between court and arbitration, the governing law, and practical obstacles such as sanctions and currency transfer rules are weighed before signing.
For a technology contract with a company or provider outside Iran, the firm reviews the contract under Iranian law and coordinates with local counsel in that country where needed.