Our field

ICT and Technology

In today’s world, every business has to deal with technology. Naturally, that applies for technology suppliers, but also for companies that purchase technology or outsource part of their business operations with the aid of technology.

Technology makes a great deal possible, but as an entrepreneur, are you aware of the legal conditions for your purchases? For example, do you know whether you have a right to updates and upgrades? And do you know whether all your employees can simply use the purchased software without further ado? Has a purchase actually taken place?

For software suppliers too, there are many reasons to have the contracts and conditions in proper order. You want to avoid taking on too much liability, but you may be accepting risks at present of which you are not aware.

Furthermore, ICT law is continually changing. Therefore, it is important to take future technologies and developments into account as much as possible when establishing agreements. For every new application also involves risks. The application of smart algorithms on your website, for example, can influence the perception, but can also manipulate the decision-making of consumers. This could be a form of misleading consumers, because they cannot then make a well-considered choice.

In short, in the ICT playing field, it pays to obtain good advice. Our lawyers will be happy to support you.

ICT law specialists

Our team of specialist lawyers has experience with smart technologies, ICT contracts and the various applications of technology. We know how to assess the legal and commercial risks and to share ideas with you from a pragmatic point of view. Don’t expect endless legal memos or unnecessarily complicated legal advice from us, but concrete answers and practical advice.

Our clients are start-ups and established Dutch and international businesses active in the fields of fashion, sport, IT, retail and interior design. We advise both developers and end customers. We use the knowledge we gain from one for the other, so we can always stay ahead of the game.

You can rely on us for advice on:

  • Software development (both agile and waterfall software development)
  • Integration agreements
  • Licensing agreements (API, user licences and EULA)
  • Cloud, SaaS and ASP
  • Outsourcing
  • Escrow contracts
  • ICT service provision contracts
  • ICT purchasing terms and conditions
  • IT (process)
  • Open Source
  • Gaming, lotteries and online gambling

We also have experience with contract structures with different elements. This could include framework agreements, partnership agreements, reselling and affiliate agreements, deeds on the transfer of intellectual property, privacy statements and non-disclosure agreements (NDAs).

Smart City projects

A Smart City is a city that strives to use technological solutions to make a city safer, more sustainable and more liveable. An example of this is the analysis of shoppers in order to determine the optimal strategy in the event of an emergency.

Smart City projects often involve a variety of legal issues. In addition, there are usually many parties involved, each of which participates in the process in its own way. Furthermore, public and private interests are not always in line. Therefore, everyone benefits from clear agreements.

Marxman advises governments, semi-governments organisations and parties that offer their services in the Smart Citydomain. We can clearly identify all the legal dimensions of each Smart City initiative in advance. This will tell you what legal hurdles await you and, more importantly, how you can overcome them.

Marxman is a proud partner of the NWO project ‘Designing for Controversies in Responsible Smart Cities’. Together with the Amersfoort municipal authority and the universities of Twente and Utrecht, research is being conducted into the social aspects of Smart Cities under the direction of Prof. Mascha van der Voort. It is our mission to find the best way to ensure the privacy aspects of Smart City projects, among other things, are transparent, in order to achieve the greatest possible (social) acceptance and participation.

We are also part of the international network of Smart Cities Law Firms. Within this network, we share knowledge and collaborate on Smart City projects. Sebastiaan Palm is a member of the Board.

Full service provision

ICT and Technology often also involves legal issues that overlap with the fields of Intellectual Property, E-commerce and Privacy and Data Protection. In some cases, (sub-)issues also arise in relation to Corporate Law or Mergers and Acquisitions. Our lawyers also have extensive experience in these specialist fields. Where necessary, we make use of the specific knowledge of the colleagues who have specialised in these playing fields. This ensures that you will receive a full range of services, allowing you to focus on what you like doing most, developing and doing business.

Our lawyers in this jurisdiction

Tahir Bodha
Tahir Bodha
eveline-van-diemen-marxman
Evelien van Diemen – Vloedbeld
Sebastiaan Palm
Sebastiaan Palm