Technology, IP & Data

Effective IP protection is crucial for tech companies and innovators. We advise on patent portfolio development, trademark registration and copyright protection for software, algorithms and content. Our expertise includes patentability assessments, freedom-to-operate analyses and IP due diligence in M&A transactions. For software inventions, we navigate software patentability criteria, optimizing technical effect requirements. We structure employee IP assignment agreements, contractor IP ownership clauses and university collaboration agreements creating ownership clarity. For open source software, we advise on GPL, MIT and Apache licenses, compliance audits and dual licensing strategies.

Data protection regulation determines how companies may process personal data. We advise on GDPR compliance programs, privacy impact assessments and data breach response procedures. Our expertise includes data processing agreements with suppliers, privacy by design implementations and legitimate interest assessments for marketing activities. For international data transfers, we structure Standard Contractual Clauses, Binding Corporate Rules and adequacy mechanisms post-Schrems II. We guide companies through AP investigations, complainant responses and administrative fine negotiations. For new business models, we advise on consent mechanisms, data portability obligations and right-to-erasure limitations.

Technology deals require specialized contracting knowledge. We negotiate software licensing agreements, SaaS agreements and cloud services contracts with attention to IP ownership, escrow arrangements and liability limitations. For enterprise software implementations, we structure acceptance procedures, service level agreements and change request processes. Our expertise includes API licensing, SDK distribution and white-label arrangements. For technology M&A, we conduct tech-focused due diligence on code quality, open source compliance and SaaS metrics. We advise on representations & warranties for IP ownership, data security and regulatory compliance, structuring tech-specific indemnities.

Artificial Intelligence brings unique legal and ethical challenges. We advise on EU AI Act compliance, risk classification assessments and conformity assessment procedures for high-risk AI systems. Our expertise includes transparency obligations, human oversight requirements and technical documentation standards. For general-purpose AI models, we advise on systemic risk assessments and code of conduct development. We structure AI development agreements governing training data ownership, model IP and liability for AI outputs. For AI ethics, we implement bias testing procedures, explainability requirements and algorithmic accountability frameworks facilitating responsible AI.

Cybersecurity incidents require swift legal response. We advise on incident response planning, notification obligations under GDPR and NIS2, and communication strategies with regulators, customers and media. Our expertise includes cyber insurance policy negotiation, coverage disputes and claims management. For preventive measures, we advise on vendor security assessments, penetration testing agreements and bug bounty programs. We structure security breach contractual provisions with notification triggers, limitation of liability and indemnification for third-party claims. For ransomware attacks, we navigate legal considerations of ransom payments, law enforcement cooperation and business continuity maintenance.