Mobile Commerce

Mobile Commerce

Hunton & Williams LLP attorneys have handled the full range of legal matters typically encountered by companies establishing wireless e-Business offerings in the US and abroad, including negotiation of transactions with Wireless Application Service Providers for the development and hosting of such applications, advice on structuring the provisioning process for users of the applications (on the device or otherwise) and negotiation of relationships with third party channels to enhance user access to the applications.

In our mobile commerce practice, we also advise clients on myriad traditional legal issues that have evolved differently as a result of the wireless medium, including addressing consumer protection and privacy concerns heightened by the perceived closer linkage to an individual’s identity, by the possibility of location-based services, by the industry practice of creating and storing user profiles to "personalize" the user experience, and by real and perceived security deficiencies in the technological architecture for the wireless service.

Working with our international practice group, we also advise clients with respect to the unique issues that they may encounter as they roll-out their wireless applications globally, including compliance with a wide variety of telecommunications regulatory schemes and encryption import/export/usage limitations, contract enforcement, choice of law and dispute resolution, preservation of trademark and other intellectual property rights (including database protection), language and cultural issues, privacy and international currency and billing issues.

Representative Transactions

  • Represented the world's largest package distribution and logistics company in all aspects involving its offering of various proprietary services (e.g., package tracking, drop-off box locator, etc.) over wireless devices (domestic and internationally), including negotiation of Application Service Provider relationship with host for wireless services, negotiation of channel agreements with multiple device manufacturers, wireless carriers and wireless portals/aggregators, and advice regarding establishment of registration process to reside on wireless device.
  • Represented major international financial institution in negotiation of Application Service Provider relationship for an alerts utility to provide proprietary and nonproprietary content to customers over wireless devices.
  • Negotiated a number of strategic marketing agreements between wireless carriers and Internet/portal service companies, and represented one of the nation’s largest Internet service portals in negotiating various resale and inter-carrier agreements for the deployment of wireless Internet portals and other services.
  • Represented major international telecommunications company in negotiating an application service provider relationship with StarMedia for integrated, customized, co-branded portal services for client’s subscribers in a number of Latin American markets (accessible via wireless devices and other means).
  • Counseled one of the largest global cosmetics companies in connection with innovative short message service (SMS) promotions.

What We Do

Agreements

  • Wireless Application Service Providers
  • Content Channels
    • mobile.(company).com
    • Wireless carriers
    • Wireless portals and aggregators
    • Device manufacturers and platform providers
    • Hybrid, high-volume gateways
    • Customers
  • License and development agreements
  • Data access agreements (utilizing established APls)
  • End user terms and conditions, and associated user registration process

Legal Issues

  • Privacy and data protection, and rights in data collected
  • Security and authentication
    • Viruses and hackers
    • Device theft and impersonation
    • Password/PIN access
    • WTLS, public key technology and certificates
    • Personalization
  • Advertising
  • Customer care, billing and mobile payment issues
  • Intellectual property considerations
  • Enforcement of applicable corporate policy
  • Regulatory considerations and license/permit requirements
  • International considerations