If such processes and solutions are not up to par, fail completely or are given insufficient protection, the impact on organisations, their operations, their own or their purchased products or services, and society as a whole. It comes as little surprise then that legislators are increasing their efforts to develop and introduce new legislation to enhance the digital resilience of organisation, their operations and their produces or services. Recent examples include the NIS2 Directive, the DORA Regulation, the AI Act and the Cyber Resilience Act. As a result, cybersecurity has rapidly ascended the list of hot topics in boardrooms around the world. Of equal importance is sector-specific regulation affecting public authorities and the financial, energy and healthcare sectors. Whatever the circumstances, our IT specialists work shoulder-to-shoulder with AKD's sector specialists.
The importance of the legal aspects of a sound IT strategy should not be underestimated. Each and every organisation engages the services of IT providers, whether that is to install SAAS applications, to implement complex systems or to optimise their cybersecurity. In addition, they may even develop their own digital products or services, either for themselves or for the benefit of third parties. The consequences of non-performance or non-compliance can be enormous. This is why solid, well-drafted contracts are of huge importance, for IT suppliers and their customers alike. AKD brings a wealth of experience to the table when advising clients on their digital issues. These clients can be found in the private sector and in the public sector, involving private contracts as well as complex tendering procedures. The team regularly helps clients to draft contracts or assists them in resolving disputes, including the ones that end up in court. When dealing with IT-related tenders in the public sector, they work closely together with their public procurement colleagues.
Our legal services also help avoid or - should things go wrong after all - mitigate the negative effects, legal or otherwise, of security-related incidents or other compliance issues affecting the digital sector.
We are perfectly positioned, often with the aid of experts in the field, to assess whether an organisation complies with relevant laws and regulation, including sector-specific standards. In making such assessment, we take into account not just technical measures taken, but also the extent to which organisational measures have been implemented. Strong compliance can help minimise the risk of liability for the organisation or its directors. Optimising the wording or structure of contracts is another way to get a handle on IT suppliers - not seldom parties processing personal data - and distribute the risks evenly. In the event of a security breach (whether an external attack or a data breach in your own or perhaps a supplier's organisation), our team will collaborate with IT and communication experts to advise you on reports that have to be made to supervisory authorities, your relations with third parties, and your liability exposure. Does your organisation face a security or data breach? Our team is always available and has extensive experience in the supervision of such urgent matters and the (advice on) notifications that may be mandatory depending on the situation.
Our team of IT specialists regularly joins forces with their colleagues in M&A to forge high-profile M&A transactions in the IT sector. Our sector-specific expertise and experience affords us a bird's eye view of the legal position and the importance of IT assets for an organisation from the perspective of a seller or of a buyer, and any potential legal pitfalls or risks within the context of the M&A deal.