Privacy-law aspects of Artificial Intelligence07 December 2023
In the journal Data, Cybersecurity & Privacy (DCSP), Jeroen van Helden explains that it is high time to critically examine the privacy aspects of s...Read more
Daily, our team provides advice and legal representation in the field of IT law, including transactions for cloud services (SaaS, PaaS, IaaS), ERP system implementation, privacy issues, or custom software development. The team has extensive experience in resolving IT disputes, both in mediation, arbitration, and before the government court.
On the supplier side, we advise IT companies, ranging from software developers to cloud service providers and from hardware suppliers to managed service providers. On the customer side, our clients operate in various sectors, with a strong presence in healthcare, research & education, and the public sector.
Our team members have completed postgraduate courses in privacy and/or hold certifications such as CISM, CIPP/E, CIPM, and CIPT. They assist organizations in privacy compliance processes to ensure timely compliance with privacy laws and regulations, provide advice on collaborations and data sharing, and support organizations in the event of a data breach.
Handling a data breach involves various complexities and requires specialized knowledge. Quick understanding of the extent of the data breach is crucial, compliance with legal reporting obligations must be timely, an assessment of the impact on contractual agreements with third parties needs to be conducted, and an investigation into whether and how damages can be recovered from third parties may be necessary.
The biggest risk for entrepreneurs in 2023? Cyber threats. De Clercq is an expert in IT law in a broad sense and has particular expertise in cybersecurity legislation.
Also in this increasingly important area, we are here to help you move forward. The team is available 24/7 to assist entrepreneurs who have been affected by a cyberattack or other major cyber incident, guiding them from start to finish in handling the incident. Speed and expertise are crucial. The team has an extensive network of forensic cybersecurity specialists and other advisors with whom they collaborate when necessary.
Lead counsel for cloud services transactions (SaaS, PaaS, IaaS)
Lead counsel for various companies and international organizations in multiple transactions worth millions of euros, including Google Cloud, Oracle Cloud, Amazon Web Services, IBM Cloud, Pega Cloud, and Microsoft Azure.
Lead counsel for license disputes
Lead counsel for various companies and international organizations in disputes over license terms and unilateral adjustment of license metrics, including IBM Passport Advantage and Pega Cloud.
Lead counsel for agile software development transactions
Lead counsel for various companies and institutions (both on the customer and supplier side) in transactions for services related to agile software development.
Lead counsel for outsourcing and migration projects
Lead counsel for, among others, a renowned healthcare institution in the migration of (health) applications to Microsoft Azure and the outsourcing of managed services infrastructure.
Lead counsel for compliance projects
Lead counsel in compliance projects for fintech companies, airlines, and medical SaaS providers regarding fintech regulations, privacy and security regulations, and the Medical Devices Regulation (MDR).
DPIAs and DTIAs
Conducting Data Protection Impact Assessments (DPIA) or Data Transfer Impact Assessments (DTIA) for various IT vendors and healthcare providers, including camera surveillance, deployment of healthcare applications, or the use of American cloud service providers.
Lead counsel for ransomware and CEO fraud
Lead counsel for, among others, a SaaS provider, technology company, and several knowledge institutions and semi-government organizations in the aftermath of a major cyber incident, such as a ransomware attack, CEO fraud, or theft of trade secrets.
Lead counsel for a legal action on agile projects
Lead counsel for an IT service provider in a legal action concerning a failed agile software development project, resulting in the rejection of the claim from the plaintiff of over a million euros.
Lead counsel for international mediation on ERP implementation
Lead counsel for a leading European retail company in an international (mediation) procedure concerning a failed ERP implementation, resulting in compensation from both the software supplier and the implementation partner.
Lead counsel for a landmark IT arbitration case
Lead counsel for a Dutch government organization in a historic arbitration case over a failed IT project, resulting in the recovery of tens of millions of euros from the IT supplier for the benefit of Dutch taxpayers.
Lead counsel for IT procurement law summary proceedings
Lead counsel for various IT vendors and contracting authorities in IT procurement law summary proceedings regarding the (intended) award of a contract for the supply of hardware (click), software (click), or other IT services (click).
Lead counsel for IT procurement
Strategic advice to various contracting authorities and bidders on drafting IT service procurement documents and submitting bids, recently, for example, regarding the purchase of Microsoft licenses or the European Commission’s tender for the European Digital Identity Wallet (contract value €26 million).
"The team at De Clercq always provides us with the right advice and strategy to follow during extensive and important IT (outsourcing) projects and contracts."
"We greatly appreciate the fact that De Clercq assists both clients and IT suppliers. They are familiar with the ins and outs on both sides."
“The Clercq speaks the language of our IT department and translates challenges into shared ambitions”
"The lawyers of De Clercq not only possess high-level expertise but are also practical and swift. That is what we need to quickly seize opportunities in the market."
“The Clercq has a dedicated team of experienced legal advisors who know our business and industry well”