ICT law covers all fields of law faced by technology companies. GMW advocaten advises entrepreneurs about the legal aspects of information and communication technology (ICT).
The ICT practice is characterized by a relatively large number of failed ICT projects. This is often caused by unrealistic expectations of both the supplier and the client. Clear agreements, written in legible contracts, can prevent a great deal of harm. We can assist you in drawing up specific ICT contracts. You can contact us for advice and guidance when negotiating for example the development of software or a website, the development of a Service Level Agreement (SLA) or distribution and outsourcing.
For business owners who offer products or services online, legal rules apply. In accordance with the prevailing regulations we can advise you with designing websites and online sales processes but also with other aspects of electronic commerce (e-commerce).
The gaming industry has been growing for years. We advise gaming companies on general terms and conditions, online- and distribution contracts, internet gambling, online payment methods and regulations for virtual money.
Open source software
Open source software has developed significantly in recent years. Typically, the source code is made available so that anyone can study, improve, add or use it for their own purposes. However, the use of open source software is subject to (licence) conditions. We can advise companies and governments as to their application.
New applications are constantly emerging due to developments in ICT. The increased interactivity between users is referred to as Web 2.0. In those applications privacy issues play a major role. The requirements of the Personal Data Protection Act (PDPA) are often not applicable one-on-one to an online environment. GMW advocaten can advise you in this respect.
Tendering & ICT
Tendering procedures must meet the requirements set out in European Directives and Dutch tendering law amongst which the principles of transparency and equal treatment. If a tender is not conducted according to the rules, then there is a chance that co-bidders can oppose the awarding of the order. We assist businesses if the tender has not been conducted in line with the rules.
We have extensive experience in advising and litigating in (failed) ICT projects and related disputes. Depending on the case, we can assist you with a court procedure, alternative dispute resolution (mediation) or proceedings before the Dutch Arbitration Court for ICT related matters (SGOA).
Do you have questions in the field of ICT law in respect of your company? Please contact the Company and Insolvency section.