Daniel is a lawyer admitted to the Madrid Bar, with 20 years of specialist experience in antitrust, privacy, and IT & telecoms regulation. Until January 2022 he was Director of Regulatory Legal Affairs at Telefónica Spain, where he was responsible for providing strategic legal advice, supporting business decisions, and making them legally compliant in connection with competition, privacy, IT & telecommunications, and consumer law matters. Daniel has an outstanding experience in digital economy matters which derives from his involvement in business decisions as a high executive manager at Telefónica.
Daniel holds a Law Degree from the Universidad Complutense and Business Degree from the CEU San Pablo University (Madrid). Master in European law, College of Europe, Bruges (sponsored by the Spanish Ministry of Foreign Affairs).
He reads specialist seminars in the University CEU San Pablo Law Schools, being at the present time Professor of EU Competition Law at its Law Faculty and Lecturer on Digital Economy Law at its Master in International Business Law, and regularly speaks in selected academic and business venues. He is author of many specialist publications.
Languages: English, Spanish, French, and Catalan
Daniel enjoys a high level of interlocution with public bodies and regulatory agencies. He has helped build the external and public profile of the company according to the needs of the industrial sector, so as to influence law making (and regulatory design) processes.
Past representative experience includes the following:
With regard to Privacy & Data Protection:
- Implementation and regularly update in Telefónica of the General Data
Protection Regulation into all layers of the organization. Implementation
of the Register, validation of the feasibility of data subject’s rights and
accountability compliance evidence.
- Leading the legal strategy against administrative proceedings issued by
the Data Protection Agency (AEPD) regarding data protection
infringements (SIM-swapping, defaulting debtors, identity fraud, lack of
transparency, cookies, video recording, etc.); and subsequent litigation before
the High Court and Supreme Court as and when required.
- Development of internal training programs for data protection awareness.
- Advice and preparation of contractual documents and agreements on Big Data, Artificial Intelligence, on-line advertising and data science projects.
- Review and advice on data transfer agreements, data processing agreements, and privacy provisions of the terms and conditions of Telefónica’s products.
- As member of the Crisis Committee of Telefónica, he has advised on cyber risk, data breach and crisis management in privacy, disputes, governance, regulation and reputation management. He has handled the Wannacry crisis, and other several data breaches crisis reported by the mass media.
- Drafting, negotiation and closing of Codes of Conduct on Data Protection.
- (Autocontrol Code of Conduct and Telemarketing Code of Conduct) Advice and implementation of the Robinson check-lists by the call centers and both in- and outbound telemarketing services.
- Creation of efficient data protection governance schemes.
- Assistance and implementation of security and data protection audits.
- Design of safe harbors towards the protection from fines by the AEPD.
- Prior analyses of the impact on sensitive or high-risk management processes and performing GDPR Privacy Impact Assessments.
- Design and implementation of regulatory compliance strategies and programs.
Concerning Antitrust matters:
- Acquisition of DTS (digital TV platform).
- Setting up of a joint venture Movistar Prosegur Alarmas.
- Setting up of a joint venture Buendía Estudios jointly with Antena 3 Media.
- Acquisition of Iberbanda (telecom operator).
- Acquisition of ACENS (hosting/housing operator).
- Setting up of a joint venture Nubico (e-book services) with Grupo Planeta.
- Acquisition of VOIP operator Jajah.
- Sell of the joint venture Rumbo (online travel agency) to Orizonia.
- Setting up of a joint venture Rumbo withAmadeus.
- Setting up of a joint venture TYCO (underseacable).
- Sell of sites for mobile telephony infrastructure to ABERTIS.
- Sell of Vía Digital (digital TV platform) to Sogecable.
- Acquisitionof UNIPREXONDACERO (radiobroadcastoperator).
- Acquisition of CADENA VOZ (radio broadcast operator).
- Acquisition of BLAS HERRERO (radio broadcast operator).
- Acquisition of POSA (Call center services).
- Setting up of a joint venture TicktacTicket with BBVA.
- Setting upof ajoint ventureMovilpago (wirelesspayment services)with BBVA.
- Setting up of a joint venture with ACEA(Italian telecom operator).
- Setting up of a joint venture with Ericsson.
- Stake acquisition in ENDEMOL producciones(audiovisual content
In the area of behavioural matters, he has top-notch experience in abuse of dominance -discrimination, excessive prices, price squeeze, refusal to supply, tying, unfair competition, collusive behavior-, bid rigging, concerted practices, MFN clauses, exclusive distribution, standardisation agreements and monitoring of remedies issued by the National Competition Agency decisions. Equally, he has been involved in various dawn raids, he has managed the company strategy related to dawn raids and he has prepared in-house training and compliance programs.
In the field of Telecoms, Media & IT law, Daniel has provided strategic advice on:
- Spectrum auctions, network infrastructure deployment, rights of entry, colocations, users’ rights, regulated reference offers by the incumbent operator.
- Administrative proceedings before national and EU agencies and courts; and transactional negotiations with complainant.
- Implementation of anti-fraud schemes and critical network infrastructure resilience mechanisms.
- Scope and obligations of net-neutrality, zero pricing services and e-commerce regulations.
- Misleading, denigratory, comparative advertising and unfair practices.
- Drafting terms and conditions for the provision to consumers of telecom and on-line products & services.
- Negotiation and implementation of contracts for the provision of wholesale services-FTTH, xDSL, roaming, interconnection, and peering agreements- on highly regulated sectors. Infrastructure sharing agreements. Partnerships. Provision, purchase, and license of audiovisual content (TV Channels).