Technology is the driving force behind the way organisations grow, innovate and compete. Technology is embedded in physical products and systems, lays the foundations for digital products and services - such as platforms - and determines how data and digital infrastructure are applied, organised and managed. Crucial factors in this regard are access to and control over data, as well as the protection of the results of innovation. At the same time, the playing field is changing rapidly. Increasingly, European regulations governing technology, data platforms and cybersecurity define who may use, share and protect technology, infrastructure and data - and in what way. Examples of such regulations include the Data Act, the AI Act, GDPR, DSA, DMA, CSA, NIS2, DORA and CRA. They have a direct impact on revenue models, collaboration and scalability. For companies and institutions active in or around the tech sector, knowledge of this legal framework is therefore not a peripheral issue - it is a prerequisite for growth. AKD helps organisations to convert this complexity into clear choices and actionable solutions that correspond with their technology and business.

Technology is also an attractive area for investment. AKD advises a wide range of parties on tech transactions: from sellers and founders to strategic buyers and financial investors who recognise the value of software, platform and data-driven companies. This is precisely where our sector-specific approach makes the difference: the combination of in-depth IT knowledge, data protection, intellectual property law and transaction expertise enables us to thoroughly assess the technological and regulatory aspects of a target company. In the end, all parties are thus afforded a clearer picture of the risks, valuation and deal structure involved. From due diligence on IT systems, data, cybersecurity and IP to the contractual allocation of risk and the structuring of domestic and cross-border transactions - all from our well-established position in the Benelux.

An integrated team of sector specialists

AKD assists companies and organisations in both the private and public sectors at every stage and in every aspect of their development: from structuring and designing technology and data-driven products and services, and the procurement and contracting of IT systems of varying complexity, to managing procedures in the event of failing IT projects and advising on technology- and data-driven M&A transactions.

Our team brings together in-depth legal expertise in the fields of IT, privacy and data protection, intellectual property, mergers and acquisitions, public procurement, regulatory oversight, financial supervision and taxation, employment law and dispute resolution. What sets us apart is the way in which we combine this expertise: through close collaboration between AKD's specialist teams. It is this very breadth and depth within a single firm that enables AKD to tackle complex issues in a proactive, comprehensive and integrated manner - as a trusted partner for offerors, customers and investors in tech and data.

A further distinguishing quality is our unique position in GDPR enforcement in relation to the processing of personal data: we act on behalf of data controllers, data processors and supervisory authorities.  Spanning the full width of the enforcement landscape, this expertise goes to reinforce our integrated approach and enhance our sector knowledge.

Our expertise

For technology and data-driven products, services and projects :

• Procuring (including tendering), negotiating and contracting of complex IT and data systems, including compliance advice
• Licensing, outsourcing, cloud and platform contracts in the field of tech & data
• Legal advice on the ownership, use and exploitation of IP
• Dispute resolution and remedial processes relating to IT implementations and regulatory issues

 For data protection, cybersecurity and AI :

• Strategic GDPR compliance and procedures, including cross-border issues
• Cybersecurity regulations (such as NIS2, DORA and CRA) and effective incident response
• AI governance, algorithmic decision-making and proactive assessment of regulatory risks

 For technology-driven transactions :

• Mergers, acquisitions and joint ventures involving software-, platform- and data-driven companies
• In-depth due diligence in the areas of IT, data, cybersecurity and intellectual property
• Structuring and risk allocation in transactions involving regulated or business-critical technology

AKD: pragmatic, solution-oriented and future-oriented

We tailor our advice closely to the specific context and ambitions of our clients. Our approach is pragmatic, solution-oriented and future-oriented. We look not only at compliance; above all, we look at how regulation and technology can help move organisations forward. Legally sound, commercially strong and operationally feasible - that is our guiding principle. For cross-border issues, we can draw on a network of specialist international partner firms.

AKD's standing is confirmed by our rankings in Chambers and The Legal 500 across various practice areas and the consistent praise we receive from our clients.