As a result of the invention of the internet, a lot of legal questions have arisen. This was followed by the installing of ICT law. ICT law has a lot of interfaces with other areas of law, such as contract law, privacy law and intellectual property law. Within all these areas of law, questions concerning ICT law can arise. These questions can be the following: ‘is it possible to return something I have bought on the internet?’, ‘what are my rights when using the internet and how are these rights safeguarded?’ and ‘is my own online content protected under copyright law?’ However, ICT law in itself can also be divided into specific areas of ICT law, such as software law, security law and e-commerce.
As a result of the invention of the internet, a lot of legal questions have arisen.
This was followed by the installing of ICT law. ICT law has a lot of interfaces with other areas of law, such as contract law, privacy law and intellectual property law. Within all these areas of law, questions concerning ICT law can arise. These questions can be the following: ‘is it possible to return something I have bought on the internet?’, ‘what are my rights when using the internet and how are these rights safeguarded?’ and ‘is my own online content protected under copyright law?’ However, ICT law in itself can also be divided into specific areas of ICT law, such as software law, security law and e-commerce.
The team of Law & More has explicit knowledge in regard to ICT law and concerning the areas of law that interface with ICT law. Therefore, our lawyers can offer you advise regarding the following subjects:
• Security law;
• SaaS and Cloud;
• IT contracts;
• Continuity arrangements and escrow;
• Webshop law;
• Hosting co-location;
• Software law;
• Open source software;
• Industrial Software.
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Security Law is the field of law that is concerned with the protection of information. Topics that aren’t uncommon in this field of law include computer viruses, computer intrusion, hacking and interception of data. To keep sensitive and confidential information safe, there is a whole set of possible measures. For example, companies themselves often use non-legal measures based on a risk analysis. However, this protection also has a legal basis. After all, it is the legislator that determines how strict these security measures should be.
When thinking of legislative measures one can also think of the ‘Wet bescherming persoonsgegevens’ (Personal Data Protection Act). The Personal Data Protection Act states that it must be clear what measures have been taken to protect personal data against loss or unlawful processing. This may include an encrypted connection between the server and the visitor: the SSL connection. Passwords are also part of such security.
Besides the Personal Data Protection Act, certain acts are also criminalized. Hacking is punishable on the basis of article 128ab of the Dutch Criminal Code.
To protect your information, it is important to know how information security works and how to protect your own and someone else’s data in an as safe as possible way. Law & More can advise you on the legal aspects of information security.
SAAS & Cloud
Software as a Service, or SaaS, is software that is being offered as a service. For such a service, the user does not need to purchase the software, but can access the SaaS over the internet. The advantage of SaaS services is that the costs for the user are relatively low.
A SaaS service like Dropbox is a cloud service. A cloud service is a network where information is stored in the Cloud. The user is not the owner of the Cloud and thus is not responsible for its maintenance. The Cloud Provider is responsible for the Cloud. Cloud services are also bound to certain regulations, which mainly are privacy-related rules.
Law & More can advise you on your SaaS and cloud services. Our attorneys possess knowledge and experience in this field of law, as a result of which they can help you with all of your questions.
As a result of our digital world, many companies have become dependent on the proper functioning of information technology. Due to this development, it is becoming more and more important to have certain IT matters well organized. For example, for the purchase of hardware or a software license, an IT contract should be drawn up.
IT contracts are, as the name suggests, nothing less than “regular” contracts such as general purchasing conditions, privacy statement, employment contracts, software agreements, SaaS agreements, Cloud agreements and escrow agreements. In such a contract, agreements are made regarding, for example, the price, warranty of or the liability with regard to a good or service.
There may be problems when drafting or complying with an IT contract. There, for example, can be uncertainty as to what should be delivered or under which specific terms. It is therefore important that clear arrangements are made and that these arrangements are documented in an agreement.
Law & More can advise you on all of your IT contracts. We will assess your situation and can draft a custom contract of sound quality to meet your needs.
Continuity Schemes & Escrow
For users of information technology it is important that they can be sure that their software and data can continue to be used. A continuity scheme can provide a solution. Such a continuity scheme will be concluded in cooperation with the IT service provider. This means that, In case of for example bankruptcy, IT services can be continued.
For the purpose of establishing a continuity scheme, it will be necessary to look at the type of IT service. Sometimes a source code escrow scheme will be sufficient, whilst in other cases it will be necessary to make additional arrangements. In case of continuity of a Cloud one for example has to keep in mind both the suppliers and the hosting providers.
A continuity scheme is essential for maintaining your data. Law & More can advise you on continuity schemes. We can help you draft such a scheme in order to secure your software and data.
Web Store Law
Webshops are dealing with a large number of legal frameworks with which they need to comply. Distance purchase, consumer rights, cookie legislation, European directives and more are legal aspects with which a webshop will be faced. The term ‘web store law’ provides an all-encompassing term for this.
Because of the many rules, it is likely that you at some point “cannot see the wood for the trees”. Do I have to use terms and conditions? How does recall by the customer work? What information should I provide on my website? What rules are there with regard to payment? What about the cookie legislation? What should I do with the personal data I have obtained through my web store? This is a selection of the questions with which a web store owner can be confronted.
It is important to have these matters arranged properly. Otherwise, you can risk a fine. These fines can reach great heights and can have an impact on your company. Being well informed on these matters will therefore minimize your risks.
Law & More can advise you on your compliance with the relevant legislation. Furthermore, we can help you draft the legal documents that are relevant for your web store.
Hosting & Colocation
When one hosts or wishes to host a website, one has to keep in mind the applicable legal provisions. When hosting a website, data will be stored and sometimes even passed on. It is therefore important to know how you need to treat this data vis-á-vis your customer, but also towards third parties.
You will have to have clear terms with regard to your hosting and its legal aspects. It is important that customers know what happens with their data. Customers find it important that their data is protected carefully. It is also of importance to know who is liable when data rules are breached.
Are you required to protect the privacy of your customers? Do you need to provide contact information if this is requested by the police? Are you responsible for data protection and data breaches? Our attorneys can answer all of these and all of your other questions. Might you have any questions, you can always contact one of the attorneys of Law & More.
Nowadays, it would be unthinkable to live in a world without software. Software law is important for both software developers and software users.
The ‘Auteurswet’ (Copyright Act) specifies who owns certain software. In practice, however, it is not always clear who owns the software and thus owns the copyrights. Software developers who sell their product, often want to retain their copyrights. This limits the possibilities for software users to change the software. It becomes even more complex when a user wants to develop (own) software. Who will then get the copyrights?
To limit your risks, it is important to decide beforehand who will get the copyrights. Law & More can advise you on software law and can answer your questions with regard to this field of law.
Open Source Software
In case of open source software, the user receives the source code of the software when purchasing a license. This has the advantage that users can customize and improve the software so that the software continues to develop. In theory, this of course sounds beneficial and fairly practical: anyone that has knowledge of codes can edit the open source software.
In practice, however, it is very important to set certain rules for the use of open source software, to regulate and clarify the use of open source software. This is even more important now there is little supervision, whilst many claims are being submitted for violation of open source software licenses.
Law & More can advise you on open source software. Will you remain owner of the software that you have developed when you use open source software? Which terms and conditions can you lay down for the use of a license? How can you submit a claim when your license has been violated? These are question which can be answered by one of our attorneys.
Software is not only used in offices, but also in industry. Products and machines are equipped or developed with software. This embedded software is written to control machines or products. Examples of such types of software can be found in machines, traffic lights and cars.
Just as it is important to ‘normal’ software, (industrial) software law is also important to industrial software and provides essential rules for both software developers and software users. The industrial software industry receives many investments, which makes it essential to protect the relevant copyrights.