For entrepreneurs and IT companies who want to structure their software, contracts, and data flows in a legally sound manner.
IT law governs the legal side of software, data, and digital services — from SLAs and licenses to failed IT projects and liability. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally sharp.
IT law attorneys and in-house counsel in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: IT contracts, SLAs, software, IP and liability.Practical specialist legal assistance for entrepreneurs.
Specialist IT law advice from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
Expertise in ICT law (IT)
IT law governs the legal side of software, data, and digital services — from SLAs and licenses to failed IT projects and liability. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: practical and legally sharp.
Cybersecurity and cybercrime
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law is a constantly evolving field of law. Our IT section consists of specialized lawyers and in-house counsel, focused on high-quality and fast service. We are always up to date with the latest developments. We work for a diverse range of clients from SMEs and large enterprises across various sectors, IT and internet companies, universities, research institutions, healthcare institutions, and government bodies.
IT law (also known as ICT law or information technology law) governs the legal aspects of software, data, and digital services. It is not a separate legal code, but rather a cross-section: here you encounter the law of obligations from Book 6 of the Dutch Civil Code, the rules on purchase and contracts from Book 7 of the Dutch Civil Code, copyright on software, and privacy law under the GDPR. It is precisely this combination that makes it complex — a failed software project is simultaneously a contractual issue, a question of liability, and sometimes a data issue.
Our lawyers and in-house counsel assist both international corporations and the local entrepreneur — from a SaaS provider seeking watertight terms and conditions to the baker stuck with a malfunctioning point-of-sale system. We translate technical matters into enforceable agreements and, if things go wrong, into a concrete course of action.
IT contracts: SLA, license, escrow and data processing agreement
The Schwerpunkt of IT law lies in contracts. We draft and review Service Level Agreements (SLAs), software and SaaS agreements, licenses, development and implementation agreements, escrow arrangements, and the associated data processing agreement. In doing so, we focus on the core: scope and acceptance criteria, availability and penalties, intellectual property, exit and data portability, and a liability arrangement that holds up. We also refer suppliers who wish to have their contracts in order to our pages on general terms and conditions for SaaS and the EULA software license.
The failed IT project: default, dissolution, and damages
Most IT disputes revolve around a project that fails to deliver what was promised: late, full of bugs, or never finished. Legally, this constitutes a failure to perform. If the supplier does not deliver on time, you must generally first put them in default and grant them a reasonable period (Article 6:82 of the Dutch Civil Code); only then does default occur (Article 6:81 of the Dutch Civil Code). Sometimes default occurs immediately, for example in the case of a fixed deadline (Article 6:83 of the Dutch Civil Code). In the event of default, you can demand performance, dissolve the agreement (Article 6:265 of the Dutch Civil Code), and claim damages you suffer as a result of the failure to perform (Article 6:74 of the Dutch Civil Code). Which route is the smartest depends on the contract and the facts — and that is precisely where we often make the difference.
Software, conformity and the nature of the agreement
Whether you are entitled to a working system depends on the content of the agreement. For standard software at a fixed price, purchase is the obvious choice, subject to the conformity requirement that the software conforms to the agreement (Article 7:17 of the Dutch Civil Code): it must possess the characteristics you were entitled to expect. In the case of custom development, there is often a contract for services, in which the supplier must exercise the care of a diligent contractor (Article 7:401 of the Dutch Civil Code). This distinction determines which standards apply and the extent of your supplier's obligations.
Intellectual property on software and data
Software is protected by copyright: computer programs are explicitly referred to as works in Article 10, paragraph 1, sub 12 of the Copyright Act. If you have custom work developed, the copyright generally remains with the creator, unless you agree on a transfer (Article 2 of the Copyright Act) or a broad license. That is precisely why the IP clause in a development agreement is so important. In addition, database rights and trade secrets play a role in data-driven applications. We ensure that it is established who owns the source code, the data, and further development — before a conflict arises.
Liability and exemption in IT contracts
Virtually every IT contract contains an exemption clause that limits the supplier's liability. Such a clause can be unreasonably burdensome and voidable under Article 6:233(a) of the Dutch Civil Code, particularly towards smaller customers. Furthermore, invoking exemption may be unacceptable according to standards of reasonableness and fairness (Article 6:248(2) of the Dutch Civil Code) if the supplier has seriously defaulted. We assess whether the liability arrangement in your contract is tenable — from both sides of the table.
Privacy and GDPR in data and software
If your software processes personal data, the GDPR applies. If you engage a supplier to process data on your behalf, a data processing agreement is mandatory (Article 28 GDPR). We arrange these agreements and align them with your IT contracts to ensure that responsibilities, security, and data breaches are comprehensively covered. Privacy constantly impacts IT law but remains a distinct field; for broader GDPR issues, we collaborate with our privacy specialists.
From ensuring your IT contracts are watertight to resolving a failed project — our lawyers and legal experts support you in every area of IT law.
Drafting and reviewing SLAs, software and SaaS agreements
Development, implementation, and escrow agreements
Licenses and intellectual property on software and data
Failed IT projects: default, dissolution and damages (Articles 6:265 and 6:74 of the Dutch Civil Code)
Conformity of software and custom work (Articles 7:17 and 7:401 of the Dutch Civil Code)
Liability and exemption clauses (Articles 6:233 and 6:248 of the Dutch Civil Code)
Processor agreements and GDPR arrangements (Article 28 GDPR)
Disputes between supplier and customer regarding software and data
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
An IT project is running behind schedule, failing to deliver, or is full of errors
In IT law, your starting position determines the outcome. Before we hold a supplier accountable or initiate proceedings, we map out the contract, the SLA, and the facts of the project. This allows us to choose the route—negotiation, notice of default, termination, or litigation—that best serves your interests, rather than taking just any step.
Our approach
From question to solution in four steps.
1
Intake
We discuss your IT project or contract, the objective and the current situation, and review the documents.
2
Analysis
We assess your position against the contract and the law, and map out opportunities and risks.
3
Strategy
We choose the route — advice, negotiation, notice of default, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We execute: from drafting or amending contracts to litigating over a failed project.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in ICT law (IT)
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
Our team is engaged to provide legal support in the field of IT law. The IT Law practice group provides legal advice to both profit and non-profit organizations and therefore assists a diverse range of clients.
The legal experts and lawyers with expertise in IT law have extensive experience in legal practice. Consequently, advice is provided in a clear and pragmatic manner.
The IT Law practice group not only advises on the legal framework but looks further and provides support with implementation within an organization if necessary.
Frequently asked questions about IT law
The questions entrepreneurs and IT companies ask us most often.
When can I terminate an IT agreement?
Dissolution is possible in the event of a failure to perform (Article 6:265 of the Dutch Civil Code). If performance is still possible, you must generally first put the supplier in default with a reasonable period (Article 6:82 of the Dutch Civil Code) before default occurs. In the case of a fixed deadline, default occurs immediately (Article 6:83 of the Dutch Civil Code). Whether dissolution is advisable depends on the contract and your objective.
Whose software is the one I am having developed?
Software is protected by copyright (Article 10, paragraph 1, sub 12 of the Copyright Act). Without an agreement, the copyright generally remains with the developer. If you wish to become the owner, a transfer (Article 2 of the Copyright Act) or a broad license is required. Record this in the development agreement, together with agreements regarding the source code.
Is an exemption clause from my supplier always valid?
No. A limitation of liability may be unreasonably burdensome and voidable (Article 6:233(a) of the Dutch Civil Code), and invoking it may be unacceptable on the grounds of reasonableness and fairness (Article 6:248(2)) of the Dutch Civil Code), for example in the case of serious breach. Whether this is the case depends on the circumstances of the case.
Do I need a data processing agreement?
If a supplier processes personal data on your behalf, a data processing agreement is mandatory under the GDPR (Article 28 GDPR). In this agreement, you specify, among other things, the security measures, retention periods, and the handling of data breaches. We align this agreement with your IT contracts.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, drafting IT contracts, and negotiations, an in-house counsel is often sufficient. For court proceedings, a lawyer is mandatory (at the sub-district court, you may litigate yourself or with a legal counsel). We have both in-house and will determine together with you what suits best.
Discuss your situation with an IT law specialist.Our IT lawyers and legal experts help both large companies and small business owners move forward. Schedule a meeting and know where you stand within a single session.
