IT, IP & Privacy
Information technology is an intrinsic part of modern society. Nowadays, almost every process is dependent on technology, during which a combination of information, personal data, know-how and intellectual property can be used. Ineffective deployment of these processes can hinder the smooth running of a company or the protection of sensitive company or personal data. Breaching rules on personal data can lead to reputation damage and fines from regulators such as the Dutch Data Protection Authority (Autoriteit Persoonsgegevens or AP) or the Authority for Consumers & Markets (Autoriteit Consument & Markt or ACM). The lawyers on our IT, IP and Privacy team advise clients concerning the extensive legal issues around IT, intellectual property, privacy and e-commerce. We work for both local and international companies, governmental institutions and healthcare organizations, as well as software developers, internet traders, website developers and intermediaries.
Our team & approach
Our IT, IP and Privacy team have a superior understanding of technological implications and considerations. Our specialists are defined by their combination of legal knowledge with experience and expertise in IT. This means we can handle legal issues quickly and effectively. Additionally, we regularly partner with other experts from our office, such as those specialised in procurement law, government & administration law, employment & employee participation law and corporate law & insolvency.
Whether it is the implementation of IT systems, privacy protocols, e-commerce solutions or the protection of intellectual property, we assist clients in all phases of such processes. For example, when facing a fine for infringing privacy rules, (incorrect) termination of an agreement with an IT supplier or infringements of intellectual property rights. We advise our clients from start to finish to ensure that IT projects run smoothly and efficiently. This includes ensuring effective performance without exceeding budgets or delivery deadlines and avoiding disruption to organization processes. Additionally, we support the implementation of privacy protocols in company processes, the protection of in-house knowledge and adherence to regulations for e-commerce activities.
Information technology (IT)
We advise our clients, both on the purchase and supply side, on making effective and clear contractual agreements that lead to the smooth implementation of IT systems. This gives our clients a significant advantage when IT disputes do occur. Together with clients we determine the functionality of an IT system, how the related agreements are set up and, if necessary, we also draw up tender documents. Should an IT dispute still arise, we quickly determine our client’s legal position using the original agreement as the starting point. We also advise on the options for legally terminating agreements and how to claim compensation for damages or how to limit potential compensation.
We advise on all aspects of privacy and personal data processing. Whether it is guiding the implementation of new technologies within organizations, dealing with data breaches, the international transfer of personal data or the assessment of contractual agreements (such as processor agreements), we are here to help. We also assist our clients during investigations by privacy regulators or in response to other external requests, such as from individuals whose data they hold, for example.
Intellectual property (IE)
We guide our clients, who include hardware and software developers, in effectively protecting and profiting from their knowledge and intellectual property rights. This might be a developed product, a creative concept or software. We do this by ensuring adequate contractual provisions in commercial and employment contracts. We also take effective action against infringing parties.
We keep our clients up to date regarding specific consumer protection rules that apply to online sales. We also advise on legal options and concerns when launching e-commerce websites, such as customer reflection periods, information obligations and the promotion of products via online advertisements or direct marketing methods, such as newsletters. We also serve as a sparring partner for the implementation of new direct marketing methods.