Tech & Digital

+ 38 other experts

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; Artificial Intelligence; 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.


Recent Matters

8 December 2023

Digital Realty and Blackstone announce USD 7 billion hyperscale data center development joint venture

Digital Realty (NYSE: DLR), the largest global provider of cloud- and carrier-neutral data center, colocation and interconnection solutions, and Blackstone Inc. (NYSE: BX) has announced that Blackstone-affiliated funds led by Infrastructure, Real Estate and Tactical Opportunities have agreed to establish a joint venture with Digital Realty to develop four hyperscale data center campuses across three metro areas on two continents. The developments are expected to support approximately 500 megawatts (MW) of total IT load upon full build out of all campuses. Blackstone will acquire an 80% ownership interest in the joint venture for approximately $700 million of initial capital contributions, while Digital Realty will maintain a 20% interest. Subsequent to closing, the joint venture parties will fund their pro rata share of the remaining development costs. Digital Realty will manage the development and day-to-day operations of the joint venture, for which it will receive customary fees.
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 2023

De 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.
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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 2023

Digital 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 2023

2022 – 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.