Expertise/Tech &
Digital
Tech & Digital
At the forefront of tech developments
Our Digital group consists of a multi-disciplinary team that focuses on global tech firms, significant digital platforms and other major players in data-heavy industries. Our different expertise groups spanning Digital Platforms, Fintech, Industrial Tech and Venture Capital, work together to offer clients a well-rounded proposition covering various topics, such as:
Strategic boardroom advice; Data Privacy & Cybersecurity; Mass Claims; Consumer Protection; Competition & Regulation; Intellectual property; Media law; Internal investigations; Enforcement actions; Foreign Direct Investment; M&A and funding
We understand the opportunities and the risks associated with the platform economy and help our digital clients to navigate this dynamic and fast-paced landscape.
Our recent track record, advising:
- Just Eat Takeaway in all M&A and competition aspects relating to its acquisition of Delivery Hero in Germany, its merger with Just Eat and its acquisition of Grubhub in the US.
- Salesforce as lead counsel in the first mass damage claim based on the new regulatory regimes for class actions under both EU privacy law and Dutch civil law. The claim vehicle was declared inadmissible by the District Court of Amsterdam.
- AirBnB in its defence against civil class actions in the Netherlands in relation to the alleged unlawful double charging of service costs.
- Booking.com in proceedings against German hotels in relation to price parity clauses.
- A leading sales platform in a global trademark dispute.
Contact
Helen Gornall
Partner
Tobias Cohen Jehoram
Partner
Axel Arnbak
Partner
Geert Potjewijd
Partner
Jaap Barneveld
Partner
Related expertise
Venture CapitalFinancial Institutions & FintechRecent Matters
28 September 2023
De Brauw acts as Dutch counsel to Warburg Pincus in its investment in Nord Security
De Brauw acted as Dutch counsel to Warburg Pincus in its USD 100 million minority investment in Nord Security, a global leader in internet privacy and security solutions.
30 June 2023De Brauw acted as sell-side legal advisor on the sale of hallo, Group to KLAR Partners
De Brauw advised on the sale of a majority stake in hallo, Group, a leading managed services provider to SMEs in the Netherlands, by Vortex Capital Partners and other shareholders to a fund managed by KLAR Partners (“KLAR”). KLAR will partner with the current shareholders.
26 April 2023De Brauw advises Teleperformance on its public offer for all shares in Majorel for total consideration of EUR 3bn
Together with White & Case LLP and Elvinger Hoss Prussen SA, De Brauw Blackstone Westbroek is advising Teleperformance SE ("Teleperformance") on its EUR 3bn takeover offer on Majorel, announced on 26 April 2023. Teleperformance, a global digital business services company listed on Euronext Paris, announced its mixed cash / share offer on Majorel. Majorel is a global customer experience leader and listed on Euronext Amsterdam. The intended offer consists of a cash payment of EUR 30 per share (ex dividend for 2022 of EUR 0.68) and the possibility for Majorel shareholders to elect to receive Teleperformance shares instead of cash (based on an exchange ratio of 30/217 up to a maximum of 4.6M Teleperformance shares). Teleperformance has obtained irrevocable commitments from two majority shareholders electing the share consideration option, thereby securing support of 78.98% of the Majorel shareholders for its intended public offer. More information can be found in Teleperformance's press release: TP (teleperformance.com).
Industrial Tech
Our Industrial Tech Group is a subset of our Digital group and consists of a multidisciplinary group that aims to consolidate our vast experience working for tech-heavy industrial clients with a focus on:
- Arbitration in tech-focused disputes
- Pan-European and cross border patent litigation in pharma, life sciences, telecoms and consumer goods markets
- UPC litigation with a focused cross expertise and international team
- IP contacting and licensing, joint ventures and IP heavy M&A
Our recent track record includes:
- Advising a client in the construction sector in major FRAND proceedings
- Representing a FMCG client in high stake litigation including questions of competition and patent law, resulting in a successful complaint before the French Competition Authority.
- Advising a technology client on the disentanglement of one of its major business units as well as advising on the sale of that division
Insights
19 July 2023
ACM updates – and clarifies – its guidelines for sustainability claims
On 13 June 2023, the Netherlands Authority for Consumers and Markets (ACM) published its updated Guidelines regarding Sustainability Claims, which replace the ACM's earlier guidelines that were published in 2021. The updated guidelines provide more clarity on what makes sustainability claims compliant with unfair commercial practice rules, and what could make these claims misleading to consumers.
11 April 2023Digital Operational Resilience Act: time to start implementing
The Digital Operational Resilience Act (DORA) – EU legislation in force since 16 January 2023 – sets out requirements for ICT security systems that support the business processes of financial entities. DORA's aim is to centralise legislation related to ICT compliance, but this does not mean it is a mere collection of existing obligations. The requirements laid down in DORA are likely to have a substantial impact on how financial entities arrange the governance of their ICT risks. The industry has been given two years to prepare and implement the necessary changes before DORA starts applying on 17 January 2025. While this may seem far away, significant action is likely to be needed, and financial entities are advised to start preparations as soon as possible.
26 January 20232022 – looking back on a European digital year
2020 marked the start of Europe's Digital Decade, an ambitious policy programme that sets the groundwork for having a complete digital transformation of Europe by 2030. When first announced by the Commission, the programme threatened to be yet another drawn-out project, destined to be mired in political debate and unlikely to have any real-world impact for the foreseeable future. But a mere two years into the project, a different story unfolds: the European Union has kicked one of the most significant reforms in Europe into high gear. With no fewer than 13 fast-tracked legislative proposals, it looks like the Digital Decade will be completed in half of the expected time.