ICT law

ICT law: From Contract Law to Privacy Law

Let’s get straight to the point: ICT law as such does not exist. Therefore, general contract law applies to the implementation of an ICT solution. Moreover, copyright is highly relevant to prevent intellectual property infringement by copying a website. And if there has been a data breach or theft due to trespass on a server, we look at criminal and privacy law. 

Internet Law

ICT law, therefore, covers all kinds of other jurisdictions and is not a separate field of law. There is no such thing as an Act or Civil Code for ICT law. However, it often happens that the outcome of a case is determined on the basis of various ICT-related aspects. Hence we still speak of ICT law, or (more or less justified) synonyms such as cyber law, ICT law, information law, IT law, internet law, IT law, or technology law.

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New Social Developments

Although it is not an independent field of law, it does concern important social developments that have not yet been picked up by their own jurisdiction. Consider, for example, the fragmented storage of personal data all over the world, since cloud computing is used. How do you resolve this in a processing agreement? And to what extent are you liable for damage due to a firmware error of a device connected to the Internet of Things (IoT)? And how to deal with automatic decision-making when using artificial intelligence? We can see that the factual complexity of an ICT case is created by new, developing technical aspects.

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Interestingly, we can almost say that ICT now fits in the category of food and drinks: it has become a basic necessity of life that hardly anyone can do without. In fact, the internet has brought about such a fundamental renewal of society that it consequently also changes the law. The software and infrastructure of the internet are changing our standards and values. These norms and values ​​form the basis of our law. ICT law is therefore not only the rules that can apply to ICT, but it raises legal questions that are so unique and socially important to treat ICT law as a separate jurisdiction. For example, freedom of information, privacy, intellectual property and entrepreneurial freedom influence each other in the information society. Where freedom of information and entrepreneurial freedom guarantees the freedom to gather and distribute (commercial) information, privacy and intellectual property try to curb that freedom. These fundamental rights regularly clash and cause friction. In addition, in practice, the jurisdiction is regularly confronted with new innovations and new regulations.

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Domain Name Rights

Think, for example, of domain name law. The legal (property law) qualification of a domain name causes a lot of headaches in case law and professional literature. When does the use of a domain name infringe trademark law or trade name law? Can domain grabbing or cybersquatting lead to a data breach notification obligation? These are issues that we work on and solve every day. 

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Our Expertise

This, therefore, justifies the strong need for specialist knowledge and skills when dealing with an ICT case. Not every lawyer knows what needs to be done in a hosting agreement. Not every lawyer knows how to include the correct triggering events in an escrow agreement. An IT lawyer, however, understands the technical aspects of the case as well as the legal opportunities and risks. 

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About LAWFOX

Our lawyers specialize in ICT law and intellectual property law. Founder, partner and IT lawyer Wouter Dammers has over ten years of experience in IT law. In 2009, he started his career at SOLV in Amsterdam. Three years later, he started a collaboration with ICTRecht Amsterdam. Wouter then founded LAWFOX from ICTRecht. The firm was established in 2013 and has since grown into one of the leading law firms in the field of ICT law and intellectual property in the Netherlands. Clients vary from multinationals to freelancers. LAWFOX operates regionally, nationally and internationally. LAWFOX is practically educated, flexible and easily approachable.

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