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IT, Data Protection & Privacy

The area of IT, Data Protection and Privacy is subject to fast changing legal requirements. The ever more rapid technological advances have led to a stream of national and European legislation, which, incidentally, often lags behind the technological developments that it aims to regulate. An expert advisor with up-to-date legal knowledge who knows about new applications is therefore of great importance.

Our IT, Data Protection and Privacy specialists keep a finger on the pulse and are aware of the latest developments in those dynamic areas. They are able to establish the link between legal substance and market developments and are leaders in finding innovative and pragmatic solutions.

The team of Eversheds Sutherland renders services to national and international market parties as well as non-profit organisations. International transactions are handled in close cooperation with experts of other branches of the Eversheds Sutherland network.

Information Technology (IT)

The professionals within the IT group have excellent knowledge of the IT market and assist both IT suppliers and IT customers. Our lawyers have extensive knowledge in fields such as:

  • E-business
    Internet trade is becoming increasingly important and has to comply with more and more legal requirements. We know the do’s and don'ts.
  • Outsourcing
    Outsourcing of IT support, software development and other service processes to Asia and Africa has taken a great flight. Besides the transfer itself, service contracts and IT and privacy law and the associated conditions require profound legal assistance.
  • Software as a Service, on-premises software and/or customised software
    We advise a wide range of clients (both software supplier and software buyer) on the full spectrum of software solutions. We are familiar with the legal differences of and the particular challenges facing those involved with in the solutions and provide our clients with strategic commercial and innovative advice.
  • License and escrow agreements
    Various licences forms are used in the IT industry, such as license agreements or End-User-License-Agreements. Also escrow agreements are one of a kind. Our professionals are highly experienced in assisting both licensors and licensees, and will protect you from any faux pas.
  • General terms and conditions, terms of use, Service Level Agreements (SLA’s) and Master Services Agreements (MSA’s)
    Drafting specifically tailored and/or general conditions for IT products and services requires not only a sound understanding of the technology and the industry, but also of the client's business. The professionals of Eversheds Sutherland know all the ins and outs.

Data Protection & Privacy

Data protection & privacy law has been under constant change in the Netherlands, which has led to an increasing need for thorough legal advice.

The data protection & privacy team of Eversheds Sutherland can assist you in a wide variety of areas:

  • DPO and EU Representative services
    We offer a Data Protection Officer (DPO) and EU Representative (EU Rep) as a service to support local legal teams with our team of experts, who will close any remaining data protection gaps and provide advice in regular meetings regarding day-to-day privacy issues and/or on demand.
  • Enforcement actions by supervisory authorities or court proceedings
    We handle and represent clients in enforcement actions of local supervisory authorities or in court in respect of complaints and/or claims (f.e. immaterial damages) of data subjects. Our professionals have regular (in)formal contact on the matter with the Autoriteit Persoonsgegevens, the Dutch Data Protection Authority.
  • Cross-border transfers of personal data
    The transfer or personal data to third countries or international organisations is not unconditionally allowed. We will advise you on the implementation of Binding Corporate Rules and the drafting of the necessary agreements.
  • Assistance regarding and drafting data processing notices
    We have expert knowledge at hand for drafting or reviewing a wide range of data processing notices, customized to your needs or specific situation.
  • Cyber risk management
    Cyber is a growing risk for our clients. Our team has been involved in a great number of cybercrime matters and has led internal investigations into matters such as multijurisdictional malware and/or ransomware attacks. During the past years, we have advised and represented major suppliers and their customers in civil and administrative court proceedings, as well as in settlements. For each investigation, we form a multi-disciplinary team, consisting of experts in litigation, data protection compliance and regulatory enforcement law. Our team also advises clients on preventive measures, compliance programmes and workshops.
  • Data Subject (Access) Requests (DS(A)R’s)
    Private individuals increasingly discover the possibilities they have under the GDPR to compel businesses and government institutions to enforce their data protection rights, such as the right of access and right to be forgotten. We frequently deal with such matters (successfully).
  • Up-to-date knowledge on latest privacy related issues and developments
  • Tracking and monitoring of employees, CCTV use
  • Diversity & Inclusion policies
  • Consumer profiling
  • Big data analysis
  • Testing and vaccination policies
  • Secondary use of personal data
  • Pseudonymization and anonymization
  • Handling compliance audits
    We will audit your company against the background of current data protection & privacy legislation and provide you with pragmatic advice on any measures that need to be adopted.

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Eversheds Sutherland (Netherlands) B.V. is part of a global legal practice consisting of separate and distinct legal entities that operate under the name Eversheds Sutherland and provide legal or other services to clients around the world. Each Eversheds Sutherland entity is a separate legal entity and is not responsible for the acts or omissions of, nor can bind or obligate, another Eversheds Sutherland entity. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.