Leading Associates

EU regulatory: Information technology in Belgium

A&O Shearman

A&O Shearman‘s IT practice focuses on three key areas: advising on disruptive digital transformation projects, assisting with transactions, including outsourcing agreements and software development, and representing clients in relevant disputes. Filip Van Elsen co-heads the firm’s global technology and TMT groups. Peter Van Dyck is noted for his dedication to mandates lying at the intersection of IP law and technology. The team’s junior bench was further strengthened by the arrival of associate Sarah De Wulf from Stibbe in August 2022.

Responsables de la pratique:

Peter Van Dyck; Filip Van Elsen


Autres avocats clés:

Sarah De Wulf


Les références

‘The team is very knowledgeable in this area of the law. They know the market well and they have tremendous experience in dealing with the big players.’

‘Filip Van Elsen – responsive, creative in his thinking and resolution of conflicts, knows the market and acts pro-actively.’

‘The Allen & Overy regulatory and IT practice led by Filip Van Elsen is one of the most responsive and impressive law firm teams I have ever worked with. Because of their familiarity with IT, the team are more flexible and efficient than most transactional attorneys I have worked with and they are fun to work with.’

Cooley LLP

According to clients, Cooley LLP‘s ‘in-depth sector knowledge, visionary approach and tailored client strategies stand out‘. The firm’s cyber, data protection and privacy practice handles the gamut of sophisticated EU regulatory matters with an IT focus, from the drafting and negotiation of IT and cloud service agreements, to assisting with the implementation of e-commerce strategies. Patrick Van Eecke leads the team, and is instructed by an enviable roster of global household names and industry giants. Special counsel Enrique Gallego Capdevila is singled out for ‘his unmatched knack for simplifying the intricate‘.

Responsables de la pratique:

Patrick Van Eecke


Autres avocats clés:

Enrique Gallego Capdevila; Yasmin Roland; Loriane Sangaré-Vayssac; Bartholomäus Regenhardt


Les références

‘Knowledgeable and responsive.’

‘Patrick Van Eecke is our go-to for anything involving eIDAS, TSP and digital signature issues. We’ve not encountered anyone who knows the space like he does. He’s very easy to work with, has deep expertise in the subject area, and understands our business such that he can give pragmatic advice.’

‘This is our clear “go-to team” for international data privacy matters where our clients are in need of local law expertise in the area. The team stands out for its unrivalled longstanding experience in dealing with international and global data privacy mandates, combined with a business friendly approach.’

Principaux clients

AllTrails


Apple


Booking


Checkout


Coinbase


DocuSign


Form Athletica


eBay


EurID


Google


Grindr


Huntsman


KBC Group NV


Meta (Facebook)


Nasdaq Inc


Netflix


NTT


Snapchat (Snap)


Sodastream


Telesign


UiPath


Zoom


Principaux dossiers


  • Advising DocuSign on legal compliance issues related to electronic signatures and electronic documents in Europe.
  • Advising eBay on all IT and e-commerce matters related to its payment business globally.
  • Advising Grindr on a wide range of IT regulatory, data protection, cybersecurity and e-commerce matters, as well as on its Digital Service Act compliance strategy.

DLA Piper

The intellectual property and technology department at DLA Piper is best known for operating at the intersection of these areas, and fields highly regarded specialists with expertise in the interaction between the two. The team is regularly instructed to secure authorisations for global and country deployment of infrastructure, and assists with transaction approvals and related issues. The group also collaborates with the firm’s highly regarded public procurement experts to advise state-owned companies and suppliers on procurement and outsourcing projects. Managing partner Kristof De Vulder heads up the practice, ably supported by counsels Raf Schoefs and Nicolas Becker.

Responsables de la pratique:

Kristof De Vulder


Autres avocats clés:

Raf Schoefs; Nicolas Becker


Principaux clients

Adobe


Aliaxis


Argenta


Bank Nagelmackers


benerail


Cegeka


Conga


Digipolis


Dstny


EFTA


Foodpairing


Fluvius


Heidelberg


iDirect


Katoen Natie


Keytrade Bank


Kinepolis


Kuwait Petroleum (Q8)


Luminus


nexuzhealth


Nitro Software


Nviso


Ontex


Orange


Polhem Infra


SAP Belgium


SD Worx


Skeydrone


skeyes


Smartbit


SNCB/NMBS (Belgian railways)


Steria Benelux


Tokyo Electron Europe


Toyota Motor Europe


UCB


Principaux dossiers


  • Assisting Keytrade Bank with the entire process of sourcing a new core banking platform.
  • Advising Aliaxis on a global digital transformation project.
  • Advising Bank Nagelmackers on negotiations for its new core banking system, set-up according to a multi-sourcing model.

Timelex

Valued by clients for its ‘exceptional in-depth expertise‘, boutique Timelex focuses almost exclusively on the technology, privacy, data protection and intellectual property spheres. The team regularly assists European, national and regional governmental bodies with the preparation of legislation, and is also instructed by technology companies of all sizes to advise on compliance issues. The group is also well versed in handling technology-related disputes. The firm fields a large bench of specialists, including ‘internationally renowned‘ senior practitioner Jos Dumortier, Hans Graux, Geert Somers, Edwin Jacobs, Frederic Debusseré and Ruben Roex.

Responsables de la pratique:

Jos Dumortier; Hans Graux; Geert Somers; Edwin Jacobs; Frederic Debusseré; Ruben Roex


Les références

‘The team has exceptional in-depth expertise in the area of Information Technology.’

‘Jos Dumortier is one of the most experienced and internationally renowned experts in IT and data protection law. His colleagues Geert Somers, Hans Graux and Edwin Jacobs are also leading experts in this area.’

‘One of the best firms in Belgium for IT/ IP matters.’

Principaux clients

European Commission


Belgian Government


Government of the Brussels Region


Doosan Bobcat


Ansell


TVH Parts Holding


Komatsu


Immoweb


Cubic Telecom


International Association of Internet Hotlines (INHOPE)


Irish Council for Civil Liberties


Principaux dossiers


  • Representing several digital privacy organisations in proceedings before the EU Court of Justice against the European ad-tech sector organisation IAB Europe in relation to its Transparency and Consent Framework.
  • Advising the Belgian Government on the compliance aspects of its official Belgian Mobile ID app.
  • Advising the CYBERSEC4EU consortium on the legal aspects of developing a governance model for the European Cybersecurity Competence Network.

Baker McKenzie CVBA/SCRL

Helmed by Elisabeth Dehareng, the IPTech group at Baker McKenzie CVBA/SCRL predominantly assists multinational companies with the procurement and provision of IT services, as well as advising on e-commerce, trust services, digitalisation and innovation issues. The practice also fields a strong bench of dedicated associates, including Raphaël Hendrickx and Caroline Serbanescu.

Responsables de la pratique:

Elisabeth Dehareng


Autres avocats clés:

Raphaël Hendrickx; Caroline Serbanescu


Eubelius

At Eubelius, Pieter Callens provides IP and IT expertise, while Anneleen Van De Meulebroucke brings extensive digital and data protection knowledge; between them, the duo oversee a broad range of work, including contract drafting and consumer protection advice. Dispute resolution in the technology space is another key source of instruction. Established national and global players form a core part of the client base, as do smaller start-ups and spin-offs.

Responsables de la pratique:

Pieter Callens; Anneleen Van de Meulebroucke


Autres avocats clés:

Hans Verstrepen; Fay Reynaert


Les références

‘Professional. Do what they say, say what they do.’

‘Straightforward, patient, professional and very pleasant people to work with. Very capable in understanding context and business specific needs.’

Principaux clients

European Payment Initiative


skeyes


Cerner Belgium


Viapass


Ballistix Digital


Agentschap Digitaal Vlaanderen (Digital Flanders Agency)


Pandox


BPC Group


Pioneer


EPI


Principaux dossiers


  • Assisting Athumi with the set-up of a data vault project.
  • Assisting Digital Flanders Agency with the establishment of the Real Estate Information Platform, which is designed to enable a digital exchange of real estate information between applicants and central or local data sources.
  • Assisted European Payment Initiative with an IT tender and subsequent drafting of all framework agreements for the delivery of software, hardware and services (14 clusters) for a new EU-wide payment initiative.

Jones Day

The cross-departmental group at Jones Day is noted as being ‘unique for its in-depth knowledge of the sector, agile approach, and innovation‘. The team has a global and local technology and telecoms client base, which includes government agencies as well as key industry players. Bernard Amory and Alexandre Verheyden provide a competition and antitrust angle, while ‘excellent communicatorJörg Hladjk focuses on the cybersecurity and data protection elements.

Responsables de la pratique:

Bernard Amory; Alexandre Verheyden; Jörg Hladjk


Autres avocats clés:

Laurent De Muyter; Laurence Van Mullem; Yvan Desmedt; Tristan Verminck; Laura Tielemans; Lucie Fournier


Les références

‘The practice is unique for its in-depth knowledge of the sector, agile approach, and innovation. They provide client-centric services using cross-border experience.’

‘Bernard Amory and Laurent De Muyter – we worked with both of them an they are simply excellent. They have both experience and agility.’

‘The Jones Day EU regulatory: Information Technology group is outstanding. I find their advice to be very practical. They also understand the underlying technology and quickly adapt to new technologies. Most importantly, they help identify innovative solutions to difficult problems.’

Principaux clients

bpost (Belgian State-owned postal operator)


BT


ComReg (Irish Commission for Communications Regulation)


Deutsche Telekom / T-Mobile


ECTA (European Competitive Telecommunications Association)


SAP


Telenet / Liberty Global


Experian Information Systems


Verint Systems


Imperva


Affinius Capital


Ferro Corporation


Orange


Trustwave


Visible Alpha


Sonoco


Pluralsight


Principaux dossiers


  • Advising the European Competitive Telecommunications Association on the legality of the draft EU Recommendation on the regulatory promotion of Gigabit connectivity released by the European Commission in 2023.
  • Advising Telenet on competition and regulatory issues associated with fibre roll-out projects in Belgium.
  • Advising Affinius Capital on GDPR compliance in the context of US securities laws, including policies and procedures and related issues, such as data transfer mechanisms.

Linklaters

The TMT group at Linklaters is regularly called on to act for clients – primarily customers of IT service providers – on strategic projects. Assisting with outsourcing, software, hardware and platform agreements is a particular strength. Tanguy Van Overstraeten, who is identified as an ‘outstanding figure in the market‘, heads up the practice. Guillaume Couneson is another key contact, and is noted for his contractual expertise.

Responsables de la pratique:

Tanguy Van Overstraeten


Autres avocats clés:

Guillaume Couneson; Claudia Allatta; Valérie Heremans


Les références

‘Strengths: people, availability, knowledge, stakeholder network management.’

‘Guillaume Couneson – outstanding figure in the market.’

Principaux clients

Vodeno


Agfa – Gevaert NV


Candriam SCA (New York Life Group)


PCAS SA (Seqens group)


TIP Trailer Services


Principaux dossiers


  • Advised Vodeno, a non-regulated technology company offering IT services, on the proposed development, implementation and provision of a Banking-as-a-Service software and technology platform to NatWest.
  • Assisted Agfa-Gevaert with the outsourcing of its IT department globally towards Atos as part of its digital transformation program.
  • Advised Candriam on its negotiations with the Belgian IT service provider Cegeka for the replacement of its former provider in relation to the provision of IT infrastructure products and services.

Lydian

Lydian fields a dedicated ICT team of ‘high-quality professionals‘, who assist technology companies throughout the business lifecycle, advising developers, distributors and suppliers of hardware, software and IT services. The group is noted for its ‘pragmatic and fair‘ approach to contract negotiation. ‘Excellent communicatorBastiaan Bruyndonckx heads up the practice. The arrival of Françoise Billen from CMS in October 2022 is indicative of the firm’s growing focus on the area.

Responsables de la pratique:

Bastiaan Bruyndonckx


Autres avocats clés:

Françoise Billen


Les références

‘The team has very good legal of competence and is very reactive.’

‘The precision of the answers ensures a very tailor-made service.’

‘Good expertise regarding the applicable legal framework and the IT-technology aspects.’

Principaux clients

Orange Belgium


Zurich Insurance Limited


Belfius Insurance


McDonald’s Belgium


Baloise


QBE


Allianz Technology


AXA Bank


Agentschap Integratie & Inburgering


DKV


Principaux dossiers


  • Assisted Orange Belgium with the negotiation and conclusion of two commercial agreements with its direct competitor, Telenet BV.
  • Assisted Zurich Insurance Group (through Zurich Global) with its strategic partnership with Qover, a major Belgium-based insurtech company.
  • Advised Belfius Insurance on the contractual issues relating to its entry into a joint venture called Fixxer with ASR Nederland.

Stibbe

Stibbe‘s TMT practice is well placed to advise on any national and European regulatory changes which may affect the digital, IT, data and telecoms sectors. Erik Valgaeren is the key senior contact; his regular workload spans such diverse projects as web services, outsourcings, cloud services, system integrations, software implementation issues, data management and privacy work, artificial intelligence matters and innovation partnerships. At senior associate level, Carolien Michielsen is noted.

Responsables de la pratique:

Erik Valgaeren


Autres avocats clés:

David D’Hooghe; Carolien Michielsen


Les références

‘In a complex context, Stibbe was able to quickly set up a team of experts around various legal topics related to public law, data privacy, compliance, etc.’

‘Beside their technical expertise, senior practitioners at Stibbe challenged several strategic choices which helped to devise a more mature and ‘business-oriented’ plan.’

‘A team with enthusiastic speakers with a thorough knowledge in the broad field of IT law.’

Principaux dossiers


  • Advised a producer of mission systems and communications networks on the applicable regulatory framework in Belgium, in particular in the context of tenders published by NATO.
  • Assisted a government with its project to set up a “data utility company” in order to enhance a safe and fast flow of all types of data and to create a data driven ecosystem through data pods of citizens.
  • Advised a voice and data communication network for emergency and security services on its transition to a Next Generation Mobile Communication network based on 5G technology.

AContrario.Law

Boutique firm AContrario.Law is highly regarded for its ‘strong expertise and capabilities‘ in the IP, IT and data protection spheres. Founding partner Magali Feys is singled out as ‘a true expert in her field‘; her practice focuses on the development and elaboration of IP and innovation strategies for technology companies throughout their growth cycle. Data privacy expert Tim Wulgaert and counsel Hannes Abraham round out the team.

Responsables de la pratique:

Magali Feys; Tim Wulgaert


Autres avocats clés:

Hannes Abraham


Les références

‘Strong expertise and capabilities.’

‘They know their business very well. Each of them has a specific focus, mostly in the area of IP and data protection. It always gives me confidence when they are included in the process. The outcome will be right, and still achieved in a pragmatic way.’

‘They have a very good understanding of business-related issues and how to provide legal advice in a pragmatic way.’

Principaux clients

Agentschap Zorg & Gezondheid (Government Agency Care and Health)


Algemeen Ziekenhuis Delta (AZ Delta)


Algemeen Ziekenhuis Maria Middelares (AZ Maria Middelares)


Anonos


Baldwin


BioLizard


Calltic


Cascador Health


Centrum voor Informatica (CEVI)


Chase Creative


Citymesh


Club Brugge


Co-Medic (by Promstr)


Conversation Starter


Corbus Advocaten


Cosmogroup


Deltaworx


E17-Ziekenhuisnetwerk (including AZ Glorieux, AZ Groeninge, AZ Maria Middelares, AZ Sint-Elisabeth, AZ Sint-Vincentius Deinze, O.L.V. van Lourdes ziekenhuis Waregem, Sint-Jozefskliniek Izegem)


Enbro


EPIC Consortium


Extra Horizon


FOD Binnenlandse Zaken (Federal Public Service of Home Affairs)


FOD Volksgezondheid (Federal Public Service of Health, Food Chain Safety & Environment)


HeartFelt Consortium


Imec.istart


International Organization of Migration (IOM)


Investdata


Joyn


Korian


Larian Studios


Leadlife


Ministerie Vlaamse Gemeenschap (Ministry of the Flemish Community)


Ministerium der Deutschsprachigen Gemeinschaft Belgiens – Ostbelgien (Government of the German-speaking Community)


MONA.health


MoveUP


Shavatar


Solaria Consortium


Tinkerlist


Watcherr (former Tequinity)


WeGroup


Wobby


Principaux dossiers


  • Assisting with the creation of the Alivia platform.
  • Assisting Tinkerlist with the drafting of a contractual framework in order for Tinkerlist to provide its automated collaborative rundown tool, as well as advising on the necessary documentation to provide Tinkerlist’s new Cuez platform on a SaaS-basis.
  • Providing legal assistance to the International Organization for Migration during the development of the new and improved European Readmission Case Management System (e-RCMS), with a special focus on the necessary governance and scope of application of the e-RCMS.

Osborne Clarke

Practitioners at Osborne Clarke are ‘able to think out of the box‘ when advising on the gamut of issues in the IT field. The team is often instructed to assist with the negotiation of IT contracts and software licences, outsourcing deals and cloud computing agreements, as well as exits from global outsourcing set-ups and transfers to new suppliers. Benjamin Docquir oversees the firm’s IT and IP department in Belgium, which also includes Laurens Dauwe.

Responsables de la pratique:

Benjamin Docquir; Laurens Dauwe


Les références

‘The team works well together in a conducive and positive atmosphere and thinks together with the client.’

‘Pleasant and interesting to work with. Great availability. Able to think out of the box.’

Principaux clients

Molière


P&V


OneGrid


HCL


Skemmi


MyContourLab


MyGamePlan


OncoDNA


Shurgard


Match Group


Cancom


Greentripper


Capgemini


Principaux dossiers


  • Advising a consortium of major smart mobility operators on the Moliere project, funded by the European Union Agency for the Space Program.
  • Advised Capgemini on a public tendering procedure initiated by a major public transport authority for the digital transformation and SAP migration of the transport authority.
  • Representing Match Group in an abuse of dominance investigation against Apple by the ACM, as well as the subsequent litigation before the Dutch courts and the administrative procedure.