Intellectual Property, IT & commercial contracting and Privacy Law
Digitalization, continually changing legal & tax regulations (OECD / BEPS) and technological advancements have increased the complexity of business operations. It’s important to keep the business strategy aligned with the IP strategy. IP management – identifying IP, protecting and maintaining IP and commercially optimizing IP becomes more important to keep a competitive market position.
“Making more of your IP assets”
Deloitte Legal assists businesses in the following areas:
- The handling of all IP related matters, in particular the identification, registration, protection and/or (re-)structuring of IP (e.g. trademarks, patents, design rights, plant variety rights, copyrights, database rights etc.).
- Advising on and drafting IP related contracts such as license-, transfer- and R&D agreements and representation before authorities.
- IP monetization – identifying core and non-IP and advising on and preparing a plan to align business and IP strategy and to commercialize and optimize the IP within the company.
Deloitte Legal combines a broad and deep base of knowledge and experience in local legislation with global reach and capabilities to provide cross-jurisdiction legal advice to businesses. With our innovative tooling and an integrated approach (combining multiple service lines) Deloitte is the perfect partner to advise your business.
IT, Cloud Computing and Big Data
Technology is rapidly evolving and data becomes more and more the engine of our daily life. Outsourcing, SaaS, PaaS, Cloud, Smart City and Big Data are popular buzz words. Technologic developments can reduce company costs and make IT outsourcing more interesting. However, to ensure business continuity and proper handling of (personal) data, the underlying contracts are essential because often this is the only means the company has to control the IT supplier.
Deloitte Legal helps businesses with:
- (IT) contact drafting and negotiations, e.g. Software as a Service, Shared Services, Service Level Agreements, SAP ERP, Maintenance & Support etc.;
- Providing advice and assistance in relation to cloud contacts;
- Electronic signature validation;
- Providing advice on ‘Open data’ and ‘Big data’ related legal matters.
The European General Data Protection Regulation (GDPR) that is expected in 2017 at the earliest, will introduce stringent privacy rules that will apply directly throughout the EU. To date, privacy regulations are implemented in local laws based on the European Directive on the protection of personal data (95/46/EG). In addition, the Act on Notification of Data Breaches (Wet meldplicht datalekken) entered into force.
The protection of personal data of employees, customers and suppliers is important within every company or organization. It can be a differentiator and a competitive advantage, especially in this digital world where privacy gains importance also following the introduction of financial penalties for non-compliance.
Deloitte Legal assists businesses with:
- Personal data transfers to countries outside EU, e.g. drafting Binding Corporate Rules (BCR’s), privacy manuals & policies.
- Review and draft data protection clauses and/or privacy related contracts and/or (online) privacy policies
- Data retention obligations
- Cookie policies
- Assess your level of personal data protection via a Privacy Impact Assessment
- Act as a (Legal) Subject Matter Resource within the Internal Audit department. Review and draft data protection clauses and/or privacy related contracts and/or (online) privacy policies
For more information about IP/IT Solutions please get in touch with Peter Kits.