IE/IT & privacyrecht
Our IP/IT & Privacy specialists can answer your questions on privacy law and advise you on how to be and remain GDPR-compliant. They also know how to correctly secure intellectual property rights and are well versed in the world of information technology.
How we help you
We serve companies of varying nature and size in the Netherlands and beyond, with services that bring them in line with the state of the art.
Our clients include software developers and suppliers, transport companies, healthcare institutions (including hospitals and laboratories), retail companies, manufacturers, financial service providers, government organizations, fintech companies, game developers, and educational institutions.
Fields
We can help in the following areas:
IT
Information technology is a major part of our society. Advancements are being made rapidly, so it’s important for you to take on a specialist who knows the market and is on the ball when it comes to latest developments. Our lawyers have passion for IT and the law, as well as a passion for technology, so you can be safe on the knowledge that your partner is a specialist who can act as a bridge between IT and legal.
We can help you with:
Technology contracts
Creating and negotiating complex IT and technology contracts, includingframework and sub-agreements;
Software as a Service (SaaS) / Platform as a Service (PaaS) / Infrastructure as a Service (IaaS);
agile software development agreements;
licence agreements, end user license agreements (EULAs), and terms of service (ToS);
cooperation and partner agreements;
distribution agreements (including agreements on revenues & revenue sharing);
research & development (R&D) agreements;
hosting agreements;
maintenance and support agreements / service level agreements (SLAs), 360° support for platforms (including development, maintenance, and management (front-end and back-end).
Consulting:
IT sourcing projects, such as cloud sourcing, IT or business process outsourcing, and projects covered by the Dutch Procurement Act;
e-commerce laws and regulations;
telecommunications law;
affiliate marketing;
consumer law;
new technology such as: artificial intelligence (AI), Internet of Things (IoT), and blockchain.
Riskmanagement
Help with resolving disputes (e.g. regarding automation), such judicial proceedings, arbitration, or mediation.
Intellectual property
Intellectual property rights encompass copyright, portrait rights, related rights, trade name rights, trademark rights, design rights, database rights, patents, unfair commercial practices, trade secrets, and domain names. These rights are an integral part of your company’s corporate identity; they are critical and strategic to your business and carry huge value. We will advise you on how to protect your intellectual property in the right way and stand by you if others infringe it. We can also tell you how to use your intellectual property rights strategically.
We can help you with:
Contracts
Drafting and negotiating contracts, including:licence and franchise agreements;
distribution agreements;
cooperation agreements;
IP rights transfer agreements;
non-disclosure agreements (NDAs);
escrow agreements;
general terms and conditions of purchase/sale and terms of use;
promotion and advertising (including games of chance).
Consulting:
what IP rights your organization has;
how to protect your IP rights;
what requirements apply when registering your rights;
how to reduce the risks of use;
how to prevent yourself from infringing someone else’s rights;
what to do if your rights are infringed or if you infringe someone else’s rights;
how to comply with the applicable legislation, such as advertising and gambling.
Dispute resolution:
summoning a party or responding to a summons in the event of an alleged infringement;
proceedings for infringements or invalidation proceedings;
opposition proceedings in the case of trademark registration;
proceedings before the Advertising Code Committee.
Privacy
Since the introduction of the General Regulation on Data Protection (GDPR), society has become increasingly aware of how important privacy is and how to handle personal data securely. The Dutch Data Protection Authority has the power to impose fines if the regulations are not complied with, which is a concern for many entrepreneurs.
We can help you:
Contracts:
Drafting and negotiating contracts and other documents, including:data processing registers;
privacy statements, both internally for the organization and externally for customers and third-parties;
employment agreements;
privacy policy, including dealing with data breaches and requests from data subjects;
data protection impact assessments (DPIAs);
joint data controller agreements;
personal data transfer agreements.
Consulting:
what role you play according to the GDPR and what the best choice is for you;
what lawful bases you can use for data processing;
dealing with personal data in the event of mergers, acquisitions, bankruptcies, and restructuring;
how to make your organization GDPR-compliant (see also our fact sheet: Are you GDPR-compliant?);
handling and reporting data breaches;
setting up privacy policies in your organization;
what to do in the event of an investigation by the Dutch Data Protection Authority;
whether to appoint a Data Protection Officer (DPO);
carrying out a DPIA;
using new technologies.
Dispute resolution:
how to comply with requests from data subjects;
handling and settling disputes with data subjects;
court proceedings on data protection and data-subject rights;
objecting to decisions by or bringing action against the Dutch Data Protection Authority.
Other:
We can serve as your Data Protection Officer (DPO) or provide DPO services on a flexible basis.
We provide courses and training to help your employees understand privacy regulations and prevent any errors. Don’t run the risk: make sure you and your staff are informed and compliant.