Information technology (IT) and AI have become indispensable to companies’ business processes. The rapid pace of innovation raises new legal issues. At the same time, new European legislation such as the AI Act, the Data Act, the Cyber Resilience Act, NIS2 and the Digital Services Act places ever higher demands on organisations that develop, offer or use technology. We advise on strategic issues and new legislation, assist clients with technology-related transactions and resolve IT and AI disputes, in court where necessary. We specialise in:
Advisory
Outsourcing & IT contracts
IT services are complex, so they need well-drafted agreements. Clients engage our experienced specialists to review, draft or negotiate outsourcing agreements, software licences, service level agreements (SLAs), data processing agreements and project agreements. We also handle agreements for software development, hardware procurement and the use of cloud services. IT outsourcing and insourcing and other business processes require in-depth knowledge of both the technology and its organisational impact. Our team works closely with our employment law specialists and our financial regulatory specialists.
New tech regulation & compliance
The European legislator has introduced an extensive package of digital regulation. We advise clients on how their business operations are affected by legislation including the AI Act, the Data Act, the Cyber Resilience Act, the NIS2 Directive and the Digital Services Act. Our team helps clients set up governance structures, carry out risk assessments and ensure compliance. This means clients not only meet their legal obligations but can also move forward.
Platform regulation & e-commerce
Online platforms and e-commerce businesses face a growing body of regulation. We advise on the Digital Services Act and related legislation affecting the responsibilities of platform providers, marketplaces and online intermediaries. We also assist clients with e-commerce matters such as payment services, web shops and other online services.
Consumer protection
We have extensive experience assisting consumer-facing (B2C) businesses with how to deal with consumer law in a digital context. This includes rules on distance selling, advertising, information obligations, sustainability and product safety.
Cybersecurity
Cyber incidents are a growing risk. Our team advises on the legal aspects of cybersecurity, including:
- compliance with the NIS2 Directive and the Cyber Resilience Act
- drafting incident response plans
- the contractual allocation of responsibilities in the event of security incidents
We also assist clients in the aftermath of cyber incidents, including notification obligations and communications with regulators.
Artificial intelligence
AI holds great promise. But as the use of this technology grows, its risks also come to light. We advise clients on:
- the legal framework for developing and deploying AI systems
- classification and obligations under the AI Act
- the contractual structuring of AI-related collaborations
Litigation
When IT projects stall or technology-related disputes arise, our specialists have the knowledge and litigation experience to assist clients. Our Information Technology & AI team has experience with disputes concerning:
- failed IT projects
- software licence infringements
- service level breaches
- cybersecurity incidents
- public procurement matters
- cloud and SaaS services
- data-related matters
- e-commerce and platforms
- advertising and marketing
- AI-related issues
We also assist clients with platform-related disputes and with technology regulation enforcement proceedings brought by regulators such as the ACM (Netherlands Authority for Consumers and Markets). For collective actions, we work together with the experts in our Litigation team.
Transactions & M&A
Our Information Technology & AI team understands the opportunities and risks of tech-driven mergers and acquisitions, joint ventures, IP and technology agreements and technology-driven carve-outs. We carry out technology-specific due diligence and advise on valuation issues relating to intellectual property, data assets and technology portfolios. We work closely with our M&A, competition law and financial regulatory specialists to offer an integrated approach to complex tech transactions.
International network
Houthoff has an excellent track record as a legal adviser in the technology sector. It is a member of Lex Mundi and of the TechLaw Group, a leading international network of law firms in more than 60 countries. These memberships allow Houthoff to assist clients worldwide and provide them with the highest quality of service. Our Information Technology & AI team works in an integrated way with our specialists in intellectual property law, privacy law, employment law, competition law, contract law, FinTech, litigation.
