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Technology

Key Contacts

The Stek Technology Team is a multi-disciplinary team of attorneys drawn from Stek’s various practice groups. The team pools knowledge of and experience in the technology sector and uses an integrated approach from different legal disciplines in order to meet your wishes and needs. The team’s key strengths are:

  • Its expertise in various disciplines;
  • Years of experience in the technology sector: start-ups, scale-ups, IT service providers, online platforms and other product developers or service providers in the technology sector;
  • Short lines of communication, responsiveness and partner involvement at all times;
  • Decisive, individual, expert advice, always putting your results first;
  • Accessible top quality at competitive rates.

Expertise

The team members have experience in various forms of legal support in the technology sector, including mergers and acquisitions, court proceedings and competition law assistance.

Mergers & Acquisitions

Our team members assist in a wide variety of M&A transactions in the technology sector. We provide advice to entrepreneurs and companies selling their enterprise (or a part thereof) as well as to businesses contemplating an acquisition. In addition, we have particular experience with technology companies that are acquired by financial investors or that have investment funds as their shareholders. For example, we provide advice on:

  • assisting in acquisitions (including due diligence);
  • conducting legal audits for compliance in a variety of legal areas;
  • setting up a management or employee participation plan;
  • restructuring a group or organisation (for example following a merger or demerger);
  • assessing the legality of possible restrictions of competition in the context of a takeover;
  • requirements to notify a transaction to competition authorities, and how to best proceed through such processes.

Compliance & contact with authorities

The technology sector is under close scrutiny from competition and privacy authorities, among others. What data do you gather and what do you do with the collected data? Are the data used unlawfully to the detriment of consumers or competitors? How do the algorithms work? Are prices freely established?

The team has extensive experience in dealing with the various regulators and compliance issues, such as:

  • Does your company have a dominant position as a result of which you have to comply with additional rules?
  • What risks does your algorithm pose?
  • How should you deal with price monitoring tools?
  • How do you prevent illegal geo-blocking?
  • What is the best possible form of distribution for you?
  • How to deal with inspections and investigations (dawn raids) by the authorities?
  • Does your company meet the requirements ensuing from the General Data Protection Regulation and the ePrivacy regulations?
  • How do you deal with the rights of data subjects?
  • Is your company structured in such a way that it can adequately handle data breaches?

Legal proceedings

Despite all efforts something might still go wrong at your service provider or within your own organisation. Agreements might not be complied with, perhaps due to a difference of opinion, or a regulator might take enforcement action against your company. In that case, our experts in the field of dispute resolution will assist you in finding the best possible solution, regardless of whether the dispute concerns regulatory, commercial, shareholder or liability issues.

Experience

Set out below is an overview of previous assignments of team members in the technology sector, often from a multi-disciplinary perspective:

Mergers & Acquisitions

  • Providing advice to Rabobank on the sale of the fintech start-up MyOrder to the listed company Ease2Pay;
  • Providing advice to the selling management on the sale of its majority interest in IT service provider IlionX to Egeria;
  • Providing advice to the IT company IlionX and Egeria on the acquisition of IT service provider QNH Group;
  • Providing advice to the selling management on the sale of IT company Portiva to Green Park Investments;
  • Providing advice to Strypes (IT infrastructure) on the buy-out of listed company ICT NV;
  • Providing advice on the partial buy-out of the founder and former CEO of an online platform business.
More

Compliance:

  • Advice on the use of dynamic pricing by a service provider;
  • The use of algorithms by an online platform;
  • The use of price monitoring tools by a manufacturer.
More

Dispute resolution

  • Providing advice to a shareholder and manager of a large software company (on dynamic pricing and price monitoring, among other things) in a large-scale conflict with shareholders;
  • VBO Makelaar v Funda: alleged abuse of a dominant position by online platform Funda (ranking search results, costs and database access), claims for damages and equal treatment;
  • Providing advice to a software company in a conflict with an international HR service provider concerning the cooperation agreement between the parties;
  • Providing advice to an IT company (on monitoring tools and dashboarding solutions, among other things) in a contractual dispute with a supplier;
  • Veerman q.q. (HPC Hard & Software Services B.V.,) v NVM: claim for damages due to the bankruptcy caused by NVM’s obligation to use NVM’s software.
More

Would you like to know more about how we can help you? If so, please contact Berend Reuder (Competition and Regulated Markets), Ruben Tros (Corporate) or Jan Bart van de Hel (Litigation).