IP & IT
We assist companies with matters relating to IT law and intellectual property law, including the drafting, reviewing and negotiation of IT/IP agreements.
The digital landscape evolves rapidly and ensuring that your company’s services and products comply with new IT legislation can be challenging. We can assist you in identifying digital law that applies to your company or its products and services and help define a roadmap to work towards compliance. In addition, we can support you with the implementation, leveraging on the technical expertise of our colleagues of EY Consulting.
Artificial intelligence is everywhere. It is important to be able to unleash the potential of AI, while ensuring that your company does not expose itself to legal risks. Our suite of AI-focused services ensures your business thrives while navigating the complexities of legal compliance. Dive into our Prompt Engineering Workshop to master the art of crafting effective prompts and understanding potential risks. Benefit from our tailored Code of Conduct and AI-specific policy drafting to ensure the company’s (compliance and regulatory) expectations are communicated clearly and in an enforceable manner to employees. Do not forget the impact of the AI Act: while the application of it is in phases, it is essential to ensure that your company has a roadmap in place to ensure compliance at the right times. We can assist with conducting assessments, pinpointing where your AI strategies stand and where there are gaps in compliance.
Agreements for IT services, such as cloud hosting or SaaS applications, are often lengthy and complex. It is essential that clauses are tailored in line with the specific IT service or product (as well as legislation which might have an impact on certain clauses, such as cloud switching provisions in the Data Act). Clear agreements established at the outset are key to successful cooperation and avoiding costly disputes later. We help ensure your requirements and market practices are reflected in agreements, safeguarding your interests and building long-term partner or client relationships. We can assist both customers of IT services and products or IT (service) providers.
In today’s global, innovation-driven economy, intellectual property is critical for competitiveness. Many businesses lack internal policies to manage their own IP or respect others’ rights. Common issues include using unlicensed software or infringing materials unknowingly, failing to document IP ownership, and operating across international supply chains without adequate due diligence exposing companies to piracy, counterfeiting, and reputational damage. IP infringements can lead to civil or criminal penalties, business disruptions, and loss of trust. Our lawyers follow developments in the IP legal landscape and can help you prepare to ensure compliance.
Leveraging the global EY Law network enables us to provide seamless international assistance, ensuring your business is supported across borders with consistent and strategic legal solutions. Trust EY Law Belgium for both local expertise and global reach.
Our Solutions
Recognize any of these situations?
| Scenarios | Solutions | |
| 1. | Your company wants to enter into an agreement for the provision of IT services (e.g. cloud-based hosting, software-as-a-service applications and support and maintenance). The agreement the service provider suggests is long and complex. Your company is unsure if the rights and obligations set out therein are in line with what you requested and with market practice. A thorough review (and potential negotiation) with the IT service provider is required. | We will determine the position of the company (your requirements and requests) and review the agreement in view of this, while maintaining a pragmatic approach to ensure that a balanced agreement can be reached between the parties. We can provide input needed for the negotation to the internal legal department, do the negotiation ourselves, and assist with internal discussions with stakeholders to ensure everyone is on the same page.
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| 2. | Your company develops and creates intellectual property (e.g. inventions protected by patents, publications protected by copyright). The expectaction is that the company owns all intellectual property rights moving forward. Your company is unsure if that is the case based on the law and the contracts in place with employees, freelancers, and third parties. In addition, your company is unsure if all intellectual property is being protected and managed properly. An IP audit and a strategy is necessary.
| Through an IP audit, we will identify the applicable IP that is being created, any protections in place, any gaps in protections, any required measures to be undertaken, etc. As a result of the IP audit, we will then perform the needed follow up measures (e.g. drafting IP strategy/policy, drafting agreements to transfer or license IP, etc.). |
| 3. | Your company wants to roll cutting edge technology on the market. You are aware of legislation impacting this but are unsure which legislation applies. Specialized advice is needed (see also our page on Artificial Intelligence). | After gaining a thorough understanding of your business, we will analyse applicable legislation. We can provide advice to your legal department so they can get to work, assist with developing a roadmap and/or assist with the implementation of a roadmap. |
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