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.

In litigation as well, it is crucial to speak the language of the IT sector so that the case can be presented persuasively. We take into account various methodologies, including, for example, Agile and Scrum, as well as requirements, specifications, acceptance criteria, and other KPIs essential to the project’s success. We also keep abreast of 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 providers.

Consulting

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

Commercial contracts

We draft a wide variety of agreements, such as custom software development agreements, SaaS/cloud contracts, license, implementation, and maintenance agreements, framework agreements, SLAs, and exit arrangements. Collaboration agreements, such as joint development agreements, also fall within our area of expertise. Thanks to our knowledge and experience with IT contracts, we are regularly involved in negotiations regarding such agreements, which allows us to effectively translate the project’s specifics into legal documents. Our litigation experience contributes to the quality of our contract documents because we understand where a collaboration or outsourcing arrangement can go wrong and how the courts handle such issues.

Disputes

We are solution-oriented. However, if the parties’ interests are too far apart, we certainly do not shy away from litigation or arbitration. As attorneys, we are well-versed in procedural law, with all its specific rules and procedures. The combination of that knowledge and experience with in-depth expertise in IT law and the IT sector ensures that we are uniquely qualified to present the case effectively and persuasively to a judge or arbitrator. We represent both IT suppliers and IT customers, which allows us to accurately assess the other party’s strategy and arguments. This not only helps us adapt quickly from a strategic and legal standpoint but also enables us to take 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 advised various parties—including both clients and IT providers—who have migrated their IT to the cloud. This is a complex process that often involves lengthy negotiations, during which we also serve as a coordinating body for the entire organization. We employ a methodology that involves developing a cloud strategy covering everything from contract structure to license management, data issues, and business continuity.
02
We regularly assist in establishing continuity safeguards for software through specific escrow or guarantee arrangements—ranging from simple to more complex—for example, when dealing with unique software from a single supplier (“vendor lock-in”).
03
We have successfully gotten many IT projects that were in danger of derailing back on track by acting strategically and reaching a solution acceptable to both parties. We also regularly represent clients in disputes involving failed IT implementations or a systematic failure to meet service levels that have a business-critical impact.