Willy Mikalef

I am a tech-friendly lawyer based in Paris, specialising in data protection, communications and satellites, with a commitment to providing business-oriented, sustainable advice.

After training at a telecommunications operator, an e-commerce world leader, the European Space Agency and the TMT departments of law firms in Paris and London, and gaining significant experience in commercial, communications, satellite and data protection law, I joined Bird & Bird in 2013.

This experience helps me advise some of the world's most technologically advanced organisations on the implementation of regulatory requirements, the negotiation of commercial contracts with a strong regulatory component or where I act for clients in proceedings before the regulators and courts.

I have experience in advising businesses and regulators in all areas of communications and satellite law across Europe and emerging countries. This includes network deployment, licensing, radio spectrum, numbering, interconnection, cybersecurity, public safety, law enforcement, consumer protection, terminal telecommunications equipment product conformity, regulatory taxes, etc. My expertise also covers satellite regulatory and commercial matters such as licensing requirements for space activities, liability and space contracts.

In the field of data protection, I assist organisations in developing and implementing their privacy program, establishing GDPR compliance tools (eg. information notices, internal policies and procedures, privacy impact assessments, data breach notification process, etc.), complying with international data transfer requirements (data transfer agreements, BCRs, etc), responding to data subjects requests and complaints or representing companies in their dealings with data protection authorities. With my telecoms background, I am also able to provide expert advice on data protection requirements which specifically apply in the electronic communications sector (cookies, email direct marketing, traffic data retention obligations, and other ePrivacy obligations).

I regularly act as a lead lawyer on international projects and transactions. My secondment to Bird & Bird's London office in 2017 taught me to work as a single, cohesive team with my colleagues across all of our offices, and beyond the firm with our network of trusted partners in America, Europe, the Middle East and Asia. This helps me implement complex multi-jurisdictional projects smoothly and efficiently.

• Advising an OTT service provider on compliance with telecoms and data protection law in more than 60 countries across all continents.
• Assisted several international companies on the establishment and implementation of their GDPR compliance programs, and audited a GDPR compliance program one year after its entry into application with the aim to bring the said program to its next level of maturity (taking into account latest guidance and enforcement).
• Providing coaching to organisations on how to prepare to on-site audits from the French Data Protection Authority (CNIL) and assisting major French companies in the context of investigations from the CNIL.
• Assisting a company in the context of a dispute with the French telecoms regulatory authority (ARCEP) over the qualification of its services as regulated electronic communications services.
• Assisting multiple new entrants in establishing and implementing a program to make a new telecommunications service, or the deployment of network infrastructure compliant with French telecommunications law.
• Assisted an African state in the review of its legislative and regulatory framework for access and interconnection.
• Assisted a space operator on French Space Operations Act licensing requirements and contractual issues in relation to a new activity.

• Representing an alternative telecoms operator in the context of a litigation against another telecoms operator before a French commercial court and a Court of Appeal.