Data & Tech
Our Data & Tech practice combines in-depth knowledge of the technology, data and communications sectors and their underlying technologies with a thorough understanding of a fast-evolving legal and regulatory environment. We advise companies at every stage of their development on the full range of transactional, regulatory and contentious technology, data and communications matters, at both Belgian and international level, drawing on our network of specialised firms abroad
We assist clients across a broad range of business sectors, including software, hardware, semiconductors, electronic communications, digital and interactive media, defence, biotech, medical devices and clean tech.
Our practice covers:
- Technology contracts : drafting and negotiating complex international software, data and hardware-related agreements, including in relation to licensing, development, manufacturing, marketing, distribution, services and maintenance, acquiring or divesting technology and related intellectual property rights;
- Personal data and privacy : data protection and security compliance services covering the legal aspects, working alongside DPOs and cybersecurity specialists, such as: compliance audits, strategies for the international transfer of data, tailor-made data protection trainings, guidance on the growing interplay between the GDPR and the wider EU digital rulebook (including the AI Act and the Data Act), dealings with the Belgian Data Protection Authority, DPO selection and appointment and establishing procedures to comply with data subject rights;
- Data Breach Response : on-demand services responds to actual and suspecteddata breachand security incidents, working closely with our clients’ internal and external incident-response teams, forensic investigators and remediation providers to deliver rapid, efficient and pragmatic solutions, and to handle and file data breach notifications to the relevant authorities;
- Governance, Sharing and Commercialisation of Data : navigating the complex EU data framework — including the Data Act— alongside data-sharing arrangements, database rights and access rights;
- Artificial intelligence : guiding organisations through the responsible development and deployment of AI, including compliance with theEU AI Act, AI governance and risk-management frameworks, algorithmic transparency, and the liability, IP and data protection questions raised by AI and machine-learning systems;
- Electronic and Mobile Business : online contracting, cryptography, e-evidence, e-payment, e-invoicing and digital marketing;
- E-identification (eID), e-Trust Services (eTS) and Cybersecurity : assisting clients with the fast-growing body of EU cyber and digital-resilience law — including the NIS2 Directive, the Digital Operational Resilience Act (DORA) and the Cyber Resilience Regulation (CRA) — across security-by-design obligations, incident reporting, supply-chain and third-party risk, and governance;
- E-Communications : advising electronic communications operators and network and infrastructure providers on a broad range of regulatory and contractual matters;
- Open Source Software (OSS): helping businesses identify and navigate the complex issues of OSS licensing and IP ownership across all OSS licence families. We conduct audits to address the legal, security and operational risks of OSS use, advise on licence-term compliance, deliver training, and help set up appropriate OSS governance structures and use policies;
- E-Archiving, Information Management and Retention ;
- Export controls and Dual-use Goods Regulation ;
- Emerging technologies, including quantum technologies.
Intellectual property
Our IP practice assists companies and individuals with both traditional and cutting-edge, technology-related IP issues across a wide variety of creative and innovative sectors. We handle the protection, exploitation and enforcement of intellectual and industrial property rights, including copyright, trademarks, design rights, domain names, patents and databases.
We act for start-ups, established Belgian companies and multinationals, providing specialised expertise in matters such as technology licensing and R&D agreements, the establishment of joint ventures and other IP-driven alliances, software development, licensing and distribution, patent litigation, trademark infringement and domain-name disputes.
The practice provides tailored advice on the legal aspects of open-source software (OSS) use and assists companies with techno-legal audits.
We advise on the IP questions raised by artificial intelligence, data and emerging technologies, including the protection of AI-related and software inventions, the treatment of training data and the text-and-data-mining exceptions, the ownership and licensing of AI-generated outputs, and the protection of data through database rights and trade secrets.
We also advise in the framework of the EU Framework Programme for Research and Innovation (Horizon Europe), in particular on the negotiation of Consortium Agreements and the related IP and confidentiality provisions for funded projects. The practice further advises on the protection of confidential information, from the know-how and trade secretsas well as on trade practices and consumer protection.
Through our network of specialised firms, we provide assistance in cross-border matters, having developed strong collaborations with partner law firms in many jurisdictions.
