Information and Communication Technology (ICT)

Transcription

1 Iformatio ad Commuicatio Techology (ICT) LEGAL INSIGHT. BUSINESS INSTINCT.

2 Lydia is praised for beig very kowledgeable, great value for moey, as it gives useful, straight-to-the-poit advice, without too may caveats. (Legal 500) Reliable firm Lydia provides accurate ad to the poit resposes. Domestic ad iteratioal compaies tur to the ICT team for a rage of corporate ad commercial advice ad trasactioal support. (Legal 500) Lydia is reliable, respects deadlies, very hads-o ad a relief to work with. (Legal 500) Straight to the poit advice is the hallmark of Lydia, a firm which regularly gais referral opportuities from City ad Wall Street players. (Legal 500)

3 MULTI-DISCIPLINARY, HIGHLY EFFICIENT APPROACH Our ICT team advises techology compaies throughout the etire busiess life cycle, actig for compaies such as developers, distributors ad suppliers of hardware, software ad IT services. We also advise corporate customers large ad small, from all busiess sectors, icludig eergy, retail, beverages, cosumer staples, isurace, baks ad other fiacial istitutios, o the full spectrum of techology matters. Lydia s ICT team is familiar with the challeges facig the techology sector ad uderstads the dyamics of this fast paced eviromet. Our ICT team ca demostrate thorough idustry kow-how, iteratioal experiece ad i-depth kowledge of local law to assist its techology cliets. We pride ourselves i beig abreast of the latest developmets ad upcomig treds i the sector. As a full-service law firm, Lydia offers a complete rage of legal services tailored to the techology idustry. O iteratioal projects, we work closely with local cousel to offer a multi-jurisdictioal capability tailored to the techology sector. This eables us to provide our techology cliets with strategic ad iovative yet pragmatic ad hads-o advice. Our cliets are lookig for legal professioals who uderstad their busiess ad techology, aticipate legal issues ad kow how to apply regulatios ad laws which are relevat to their specific idustry. Our legal solutios are therefore tailored to meet each compay s idividual eeds ad requiremets. The combiatio of our deep idustry kowledge with multi-discipliary expertise i iformatio techology, outsourcig ad techology cotracts, e-commerce, e-commuicatios, data protectio (privacy) ad itellectual property eables us to offer you a full rage of services ad support. E-COMMUNICATIONS OPEN SOURCE IT SECURITY HARDWARE STRATEGIC ADVICE CLOUD COMPUTING NEGOTIATION REGULATORY SOFTWARE CONTRACT DRAFTING CONTRACT MANAGEMENT PRIVACY COMPLIANCE ICT LITIGATION E-COMMERCE IN-HOUSE TRAINING OUTSOURCING IT SERVICES SERVICES MEDIA SPECIALIST AREAS 3

4 LEGAL INSIGHT. BUSINESS INSTINCT. OUR INFORMATION AND COMMUNICATION TECHNOLOGY (ICT) SERVICES We have i-depth expertise i the followig matters: Techology Cotracts Outsourcig E-Commerce E-Commuicatios IT Litigatio TECHNOLOGY CONTRACTS Lydia's ICT team has extesive experiece advisig busiesses o the draftig ad egotiatio of various types of software, hardware ad techology services agreemets, icludig i relatio to developmet, licesig, itegratio/ implemetatio, support ad maiteace, maufacturig, marketig ad distributio. We also advise o cloud computig (PaaS, IaaS, SaaS) ad ope source software (OSS) projects ad o techology-drive trasactios such as strategic alliaces, joit vetures ad the acquisitio or divestmet of techology. Due to our commercial uderstadig of the idustry, we are well-placed to advise compaies i this fast-chagig sector. Our ICT specialists work alogside other specialist practices (employmet, tax, corporate, regulatio ad data protectio (privacy)) i order to provide a seamless service coverig all aspects of the project. As we represet both corporate customers ad suppliers (vedors, licesors, developers, itegrators, service providers) from a wide rage of busiess sectors, we uderstad the commercial requiremets ad drivers of both parties ad are able to idetify ad aticipate the latest treds i techology cotractig. I additio, we have experiece i advisig o cotract maagemet issues ad hadlig IT cotract disputes via (court) litigatio, arbitratio or alterative dispute resolutio (ADR). 4

5 OUTSOURCING I today's busiess eviromet, busiesses focus o leveragig exteral capacities, competeces, kowledge ad skills. The rapid expasio of iformatio techology ad logistics etworks has accelerated the growth of outsourcig. As a cosequece, more strategic processes are beig outsourced. Lydia's ICT team advises suppliers as well as corporate customers i a broad rage of idustry sectors throughout the lifecycle of a outsourcig relatioship, from the iitial structurig of the project through the procuremet process to cotract egotiatio, trasitio ad implemetatio. We also advise o cotract maagemet issues durig steady state ad o secod geeratio outsourcig, isourcig ad exit plaig. Our expertise ecompasses Iformatio Techology Outsourcig (ITO) ad Busiess Process Outsourcig (BPO) i various delivery models icludig o-shore, earshorig ad offshorig. I the field of ITO, our core competecies iclude data ceter outsourcig, applicatio maagemet outsourcig, etwork/commuicatios outsourcig ad workplace/helpdesk outsourcig. I the field of BPO, we advise o, amogst others, facility maagemet outsourcig, logistics outsourcig, huma resources outsourcig, call ceter outsourcig ad fiace ad accoutig outsourcig, ofte coupled with importat techology (platform) developmets ad/or process redesig projects. Lydia's ICT team has deep experiece i a wide rage of idustry sectors, allowig us to provide clear, actioable ad hads-o advice, iovative solutios ad market leadig kow-how. Our ICT specialists quickly uderstad the key commercial drivers behid the project ad provide solutios to address the typical cocers i the outsourcig process, icludig with respect to service levels, liability, bechmarkig, goverace, busiess cotiuity ad exit maagemet. Lydia's itegrated team combiig expertise i employmet, tax, corporate, regulatio ad data protectio (privacy) provides 360 legal coverage of your outsourcig project. We also have experiece i hadlig outsourcig disputes via (court) litigatio, arbitratio or alterative dispute resolutio (ADR). E-COMMERCE I today's society, more ad more trasactios happe via the iteret. This raises umerous questios with regard to the probatory force of s, electroic sigatures, the cosequeces of cocludig cotracts with cosumers via the iteret, etc. I additio, the laws ad regulatios goverig e-commerce ad the iteret are cotiuously evolvig. Lydia's ICT team has broad experiece i advisig o all aspects of e-commerce (icludig m-commerce) law ad regulatio i a B2C, B2B or C2C cotext. This icludes, amogst others, advisig o (olie) cosumer protectio law, the requiremets to esure the validity of o-lie cotracts, the regulatio of distace cotracts, ufair (olie) trade practices, website geeral terms ad coditios, retur ad refud policies, olie advertisig, privacy policies, website disclaimers, privacy issues related to the iteret ad cookies. 5

6 LEGAL INSIGHT. BUSINESS INSTINCT. Lydia's ICT team also assists e-commerce ad social media platforms, e-paymet service providers, busiesses ad govermet agecies to meet their legal requiremets whe settig up o-lie operatios. We advise o e-commerce related cotracts such as website developmet agreemets, portal ad hostig agreemets, itrusio testig agreemets, fulfilmet ad logistics agreemets, agreemets with paymet service providers ad o the protectio of domai ames ad related disputes. We further advise o e-cotractig, e-archivig, e-security, e-evidece, the settig up of e-sigature ifrastructures, the use ad regulatio of e-moey ad e-paymet services, the legal framework for e-ivoicig ad the use, import ad export of ecryptio techologies. E-COMMUNICATIONS From the start of the liberalizatio of the electroic commuicatios markets i the 1990s, the Europea Uio placed a strog focus o the eed for adequate market regulatio. Players i the EU ad Belgia electroic commuicatios market face a wide variety of regulatory challeges, which are costatly evolvig. These regulatory issues iclude licesig ad otificatio obligatios, iter coectio demads, price cotrol mechaisms ad tariff questios, market access, public service obligatios ad tax issues. Lydia offers the right aswers to your questios: we combie the specific kowledge ad expertise i both the electroic commuicatios regulatio ad the electroic commuicatios sector of our ICT team with a seamless ad itegrated collaboratio with our other practices. Lydia's ICT team advises corporatios (both telecoms ad other) o telecom regulatory issues, such as itercoectio tariffs, public telecoms etwork owership, licesig ad otificatio ad istallatio ad use of telecommuicatios equipmet. Our ICT team also offers commercial ad trasactioal expertise i electroic commuicatios projects. We advise cliets o electroic commuicatios cotracts such as MVNO agreemets, co-bradig agreemets, Idefeasible Rights of Use (IRU) agreemets, duct sharig agreemets, cotracts for the provisio of broadbad ad telecommuicatios services to busiesses, dark fibre agreemets, collocatio agreemets, cloud service agreemets, etwork support ad maiteace agreemets ad agreemets relatig to the provisio of telecom hardware, icludig OEM agreemets. 6

7 IT LITIGATION Litigatio, be it as a plaitiff or as a defedat, is usually a momet of crisis for a cliet. Lydia's ICT team is well aware of this ad, therefore, focuses strogly o determiig together with the cliet from the outset what would be the most suitable litigatio strategy, takig ito accout legal aalysis but also commercial ad busiess priorities. Our ICT specialists work i close cooperatio with our dispute resolutio specialists, which esures we offer our cliets the best combiatio of ICT kowledge ad dispute resolutio expertise. We represet cliets i legal proceedigs regardig ICT cotracts for software developmet, licesig, implemetatio ad/or itegratio, support ad maiteace, outsourcig, cloud, apps ad e-commerce. Lydia's ICT team has experiece i assistig cliets before all judicial courts ad arbitral tribuals i Belgium, icludig i summary, ijuctio proceedigs, seizure proceedigs ad proceedigs o the merits, both before the First Istace Courts ad the Courts of Appeal as well as before the admiistrative jurisdictios. Our team comprises experieced Dutch ad Frech speakig litigators who ca hadle cases before the Belgia courts i their ative laguage. 7

8 LEGAL INSIGHT. BUSINESS INSTINCT. A TEAM WITH EXPERIENCE We have a team with the experiece to foresee problems ad respod to them i a appropriate way. To offer our cliets the best possible solutios ad advice, the Lydia Iformatio ad Commuicatio Techology (ICT) team is your ideal parter. Together with you, i a ope ad proactive atmosphere, we will work to fid the solutios ad opportuities you are lookig for. OUR EXPERTS Bastiaa Bruydockx T +32 (0) E bastiaa.bruydockx@lydia.be Olivia Satatoio T +32 (0) E olivia.satatoio@lydia.be BASTIAAN BRUYNDONCKX Parter T +32 (0) E bastiaa.bruydockx@lydia.be Bastiaa specializes i all aspects of Iformatio ad Commuicatio Techology law, with a particular focus o iformatio goverace, techology procuremet ad outsourcig cotracts, electroic commuicatios ad e-commerce. Bastiaa graduated i 1994 with a law degree from the Catholic Uiversity of Leuve (1994). He is a fellow of the Belgia America Educatioal Foudatio (BAEF) (1995) ad holds a LL.M. degree from the Uiversity of Chicago Law School (1996). Bastiaa has successfully completed the traiig to become a lawyer at the Supreme Court of Belgium, the Court of Cassatio (2011). Bastiaa was admitted to the Brussels Bar i Bastiaa advises compaies i a broad rage of idustry sectors o data protectio (privacy) matters. He has extesive experiece i ICT-related trasactios, icludig large software licesig, developmet ad implemetatio projects. He advises both customers ad suppliers o various types of outsourcig projects. He advises telecom-sector ad other cliets o electroic commuicatios regulatory issues ad has broad experiece i draftig ad egotiatig agreemets i the field of electroic commuicatios. He assists cliets o various e-commerce (B2B, B2C ad C2C) ad Iteret projects as well as o log-term, techology-drive strategic agreemets, icludig i the framework of M&A trasactios. He has also solid experiece i cotetious matters. 8

9 Expert i itellectual property, Bastiaa is well-placed to uderstad ad deal with the complicated IP issues that may arise i the cotext of ICT projects ad trasactios. He is a regular speaker at semiars ad cofereces o ICT matters. He regularly authors articles published i iteratioal legal reviews such as World Data Protectio Report, DataGuidace, Computerrecht (Computer Law) ad Privacy & Iformatie (Privacy & Iformatio). Bastiaa is a member of the Iteratioal Associatio of Privacy Professioals (IAPP). OLIVIA SANTANTONIO Seior Associate T +32 (0) E olivia.satatoio@lydia.be Olivia Satatoio is a member of Lydia's Data Protectio practice as well as of its IP/ICT practice. She has a strog experiece i all fields of data protectio ad itellectual property law. She frequetly advices ad performs audits of cliets' privacy strategy i order to become compliat with privacy regulatios (icludig GDPR) ad otably o the obligatios ad liability of data cotroller ad data processor i case of processig, the trasfer of data i ad outside EU, the processig of sesitive data ad the rights of the data subjects. She also ofte drafts ad reviews privacy policies as well as data processig agreemets. Sice March 2016, Olivia has ofte bee speaker at semiars o the Geeral Data Protectio Regulatio ad otably at Agoria o the impact of the ew regulatio for service providers ad for HR. Olivia is a member of the Iteratioal Associatio of Privacy Professioals (IAPP). 9

10 LEGAL INSIGHT. BUSINESS INSTINCT. HIGHLIGHTS OF OUR RECENT EXPERIENCE advisig a US-based IT compay active i the developmet ad servicig of IT data cetre ifrastructure i coectio with a major project ivolvig the sale, implemetatio ad servicig of data storage hardware solutios for oe of the mai telecom operators i Belgium, icludig advisig o the review of sales ad support agreemets ad ed-user agreemets for hardware appliaces; advisig the operator of a state-of-the art Tier III+ data cetre i respect of the draftig, egotiatio ad closig of a series of service agreemets with ew customers, icludig (i) a data cetre services agreemet with a professioal associatio ad (ii) a data cetre services agreemet with a big 4 accoutacy firm; advisig oe of the world's leadig specialty chemicals compaies i coectio with the restrictios o the use, import ad export of ecryptio techologies i Belgium i the framework of a multi-jurisdictioal ecryptio compliace survey; advisig a global leader i the desig, developmet, maufacturig ad marketig of telecommuicatios software to commuicatio service providers, equipmet maufacturers ad large eterprises, o the egotiatio of a strategic software licece agreemet for its telecommuicatios software with oe of Belgium's mai telecom operators; advisig the world's largest package delivery compay ad oe of the leadig global providers of specialized trasportatio ad logistics services, i coectio with the review of a agreemet eablig third party providers to itegrate the cliet's proprietary techology ito their busiess applicatios ad software solutios through applicatio programmig iterfaces; advisig a issuer of corporate VISA ad MasterCard credit cards, i relatio to the termiatio of its existig trasactio processig ad other service agreemets with a third party provider ad the draftig, egotiatio ad executio of a 18+ moth trasitio agreemet to cover the trasitio away from the existig service provider to ew service providers for trasactio processig services ad call cetre services; advisig a well-kow luxury car maufacturer o the coditios for the lauch of a ew versio of its coectivity program, offerig certai coectivity services to car users, icludig telecommuicatio advice ad implemetatio thereof, data protectio advice, terms ad coditios ad iformatio about ay modificatios thereof, updatig the otificatio of services to, ad regular cotacts with, the Belgia Istitute for Postal Services ad Telecommuicatios (BIPT/IBPT); advisig a leadig Germa telecom compay o the implemetatio of WiFi services i Belgia trais, i particular o telecom ad data protectio issues, icludig advisig o the defiitio ad iterpretatio of the term `telecom service provider' uder Belgia law; ad advisig the Belgia busiess uit of a Germa car parts maufacturer i relatio to computer foresic aalysis ecessary i order to idetify the root cause of suspicious activities origiatig from some employees' busiess computers ad to proceed with discipliary sactios. 10

11 Cliet-cetric advice is the hallmark of Lydia, which cosistetly places compaies' commercial realities frot ad cetre of its thikig. With acillary expertise i tax, corporate ad capital markets o tap, it has all the resources eeded to provide holistic, busiess-mided cousel. (WTR ).

12 Lydia, 2018 Lydia Brussels Office Tour & Taxis Havelaa 86c b113 Aveue du Port 1000 Brussel - Bruxelles België - Belgique T +32 (0) F +32 (0) ifo@lydia.be Lydia Atwerp Office Arebergstraat Atwerpe - Avers België - Belgique T +32 (0) F +32 (0) ifo@lydia.be Lydia Hasselt Office Thoisselaa Hasselt België - Belgique T +32 (0) F +32 (0) ifo@lydia.be