IT-related law and commercial contracts
With sound commercial know-how and extensive experience, we are able to place complicated IT law and business law challenges in their context and address them in a commercial and efficient manner.
We are distinguished by our creativity and holistic approach. We usually participate in the planning and structuring of a transaction and can ensure that commercial objectives are truly reflected in agreements and relationships, and at the same time ensuring that the agreement effectively allocate commercial and legal risks between the parties.
The most common transactions within this area include sourcing of cloud services, development projects, IT turnkey contracts, licensing and assignment of intellectual property rights to software, general terms and conditions, support and maintenance agreements, as well as other types of complex service agreements. We are proficient in specialist areas of IT-law, such as open source, agile project methods and Internet of Things. Thanks to our extensive international network, we are constantly in the forefront of international trends and developments.
We act as specialist advisers within our areas in conjunction with mergers and acquisitions, venture investments and commercial disputes. We also accept appointments as arbitrators in certain cases.
We are particularly experienced in handling transactions in contexts which are challenging from a regulatory perspective, for instance for banks, insurance companies, health care and medical care providers, as well as public authorities. In addition, we have extensive experience from negotiations with global cloud service providers.
There are few types of transactions that are as strategically important and legally complex as outsourcing, regardless of if the transaction involves a transfer of business operations (first generation outsourcing), renegotiation or transferring the services to a new supplier. In principle, outsourcing is always vital to operations and imposes rigorous and specific requirements as to how the transaction is structured and prepared.
The contract documentation involved is extensive and negotiations are demanding. There is an inherent inequality between the customers and the service providers. While the service providers have usually negotiated a large number of similar transactions, a customer rarely have the same experience. We are able to balance this difference and contribute with our experience which includes, in principle, negotiations with all major service providers operating on the Swedish market. We also possess experience in offshore transactions and international negotiations, both in Europe and Asia.
We take a modern approach to outsourcing transactions. We emphasise the importance of striking a commercially sound balance between the parties, of sharing incentives and a focus on results, without losing sight of the fundamental customer/supplier roles and the need for simple, clear contractual regulation. Within this area we possess extensive experience of representing clients within regulated areas, such as public authorities, banks and insurance companies.
Data protection issues are of relevance to all companies and public authorities. The General Data Protection Regulation (“GDPR”) places onerous requirements as to the processing of personal data. The consequences of infringing the GDPR are severe and it is essential to develop and implement an elaborate data protection regime. Our data protection team is one of the most experienced and senior data protection teams in Scandinavia.Our engagements within this area include investigating specific issues, due diligence reviews of the processing of personal data by companies and public authorities, as well as the preparation and implementation of plans of action, and training. We also represent clients before the Swedish Data Protection Authority and assist in supervisory matters.