In the fast-evolving world of technology, it is crucial for businesses to effectively manage the legal aspects of ICT. Whether you are a startup developing innovative software, a healthcare institution handling sensitive client data, or a municipality purchasing a large software package, the legal challenges in the ICT sector are numerous and complex. A lawyer specialized in ICT law can help your organization achieve its technological objectives while mitigating the various risks associated with ICT. Below, you will read why having a lawyer specialized in ICT law by your side is essential.
When developing software or procuring hosting services, an ICT contract serves as the legal foundation. What will be delivered? Who bears liability in which situations? Which party holds (intellectual) property rights? Our lawyers specialized in ICT law can assist you in drafting ICT contracts, such as license agreements, IT service agreements, hosting agreements, Service Level Agreements (SLA), data processing agreements, partnership agreements, SaaS agreements and software development agreements. Additionally, a lawyer specialized in ICT law can draft general terms and conditions for your business.
Our lawyers specialized in ICT law can also represent your organization in ICT-related disputes. This may include disputes over agreements within an ICT project or liability issues arising from system failures that have caused damages.
Nearly every organization processes personal data under the General Data Protection Regulation (GDPR), for example, when providing services. Our ICT law attorney can advise on various privacy-related matters, such as determining whether you have a legitimate basis for processing personal data and identifying your administrative obligations under the GDPR. An ICT attorney can also draft or review (data processing) agreements and conduct a privacy scan or Data Protection Impact Assessment (DPIA). For more information, please visit our privacy law page.
A cyberattack, such as a ransomware attack, can cause significant damage to an organization. Business operations may come to a standstill, and sensitive data may fall into the hands of malicious actors. An lawyer specialized in ICT law can support your organization in reporting data breaches to the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) and/or affected individuals and can advise you with respect to liability issues related to cybersecurity incidents. A lawyer specialized in ICT law can also help in ensuring compliance with the NIS2 Directive, such as the duty of care and reporting obligations contained therein.
For more information, please visit our cybersecurity page.
When developing software (or having it developed), it is essential to safeguard your intellectual property rights. This is where a lawyer specialized in ICT law can help. It is essential to think carefully beforehand about which parties involved can claim intellectual property rights and, where necessary, make clear contractual agreements about this. For example, both the design and layout of text, logos and images may be copyrighted, but underlying source code may also be copyrighted. In addition, databases, algorithms and functionalities may also enjoy protection under certain circumstances.
For more information, please visit our intellectual property law page.
Both useers (operators) and developers (providers) of AI systems must comply with the compliance obligations under the AI Act. In the coming years, the compliance obligations from th AI act will come to apply in stages. Depending on thee risk category under which the AI system in question falls, AI system providers and operators will be subject to different obligations. For example. With regard to high-risk AI systems, providers must conduct a conformity assessment, implement a risk management system and comply with transparency obligations. Among other things, operators must follow the provider’s instructions for use, ensure adequate human supervision, keep automatic logs and, in certain cases, carry out a fundamental rights impact assessment. A lawyer specialized in ICT law supports your organization in meeting the compliance obligations under the AI Act.
For questions or advice please contact one of our specialists: Hillie Lunter or Tom Klatter
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