Sectors

IT

The IT sector is a specific industry with its own practices, terminologies and obligations of parties. As a specialized firm, we are aware of all developments in IT law.

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IT law involves a combination of intellectual property, contract and privacy law, with all sorts of concepts, terms and nuances tailored to the IT sector. Consider, for example, Open Source, Open Data and EU regulations such as the Digital Strategies Act and Digital Markets Act, as well as the new AI legislation.

Our team has years of specific experience. We are able to expertly and pragmatically guide our clients through IT projects. Think of complex Business Process Outsourcings or less complicated assignments. We understand the language of the IT industry which enables us to translate into appropriate contract documents.

It is also very important for procedures to speak the language of the IT sector so that the case can be presented convincingly. Thereby we have an eye for the different methodologies, including e.g. agile and scrum, the requirements and wishes and acceptance criteria and other KPIs for the success of the project. We also have an eye for new tools and methodologies such as XLA (user experience level agreement) as an alternative to the traditional SLA and, of course, the existing standards for data centers and other IT suppliers.

Consulting

We advise on (the structuring of) IT contract management and other IT issues, such as illegal software use and the conduct of audits. And also, for example, when terminating existing agreements for old legacy systems that are no longer needed due to the implementation of a new system. Furthermore, in cooperation with procurement lawyers, we advise on the legal aspects of IT tenders.

Commercial contracts

We draft a wide variety of agreements such as custom development, SaaS/cloud contracts, licensing, implementation and maintenance agreements, master agreements, SLAs and exit arrangements. Collaborative agreements such as joint development agreements are also part of our expertise. Because of our knowledge and experience with IT contracts, we are regularly involved in negotiating such agreements, enabling us to translate the aspects of the project into legal documents. Our litigation experience contributes to the quality of our contract documents because we know where a collaboration or outsourcing can go wrong and how the courts will deal with it.

Disputes

We are solution-oriented. But if the parties' interests are too far apart, we certainly do not shy away from litigation or arbitration. As lawyers, we are at home in procedural law with all its specific rules and procedures. The combination of that knowledge and experience with in-depth knowledge of IT law and also of the IT sector ensures that we are pre-eminently capable of presenting the case properly and convincingly to the judge or arbitrator. We act for both IT suppliers and IT customers, which enables us to properly assess the other party's strategy and arguments. This helps not only in being able to move quickly strategically and legally, but also in taking a pragmatic approach to a dispute.

Presentations/Training

Our many years of experience with IT disputes and IT contracts have allowed us to develop various methods and trainings. For example, we regularly provide training to project managers and also to presales consultants to reduce the chances of a dispute with the buyer. Also, we provide training on contract management.

Previous Projects

01

We have guided several parties who have moved to the cloud with their IT, both customers and IT suppliers. This is a complex process with often lengthy negotiations, in which we also play an organization-wide directing role. We use a methodology in which a cloud strategy is developed from contract structure to license management, data issues and continuity.

02

We regularly assist in setting up continuity guarantees for software through specific lighter or heavier escrow/guarantee arrangements, for example when it comes to unique software from one vendor ("vendor lockin").

03

Wij hebben veel IT-projecten die dreigden te ontsporen, weer op de rails gekregen door strategisch te handelen en een voor beide partijen aanvaardbare oplossing te bereiken. Ook treden wij met regelmaat op in geschillen over mislukte IT-implementaties of het structureel niet halen van serviceniveaus met een bedrijfskritische impact.