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; 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.
Contact
Helen Gornall
Partner
Tobias Cohen Jehoram
Partner
Axel Arnbak
Partner
Geert Potjewijd
Partner
Jaap Barneveld
Partner
Related expertise
Venture CapitalFinancial Institutions & FintechRecent 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.
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
18 April 2024
Anticipating the EU Regulation on Standard Essential Patents: what lies ahead?
On 28 February 2024, the European Parliament (EP) approved the European Commission's proposal for a new regulation on Standard Essential Patents (SEPs). Despite substantial criticism (see, for example, our article), the EP left the core elements of the Commission's proposal unchanged. The draft SEP Regulation will now need to be reviewed by the EU Council, with the overall duration of the further legislative process mostly depending on whether the Council will move forward with this before the European elections in June 2024. Considering the probable upcoming shifts in the SEP landscape, this article outlines the potential ramifications of the current draft SEP Regulation (as amended by the EP) once it has been enacted.
11 April 2024Navigating the European digital landscape – our updated guide
2023 was a year of unprecedented change in the area of digital regulation – with platforms, search engines and other online intermediaries being designated under the Digital Markets Act and the Digital Services Act, the adoption of the Data Act and the Chips Act, and the entry into force of many other acts adopted in 2022.
29 February 2024EU revises Market Definition Notice: shaping and re-shaping digital markets
In the ever-evolving digital markets landscape, the European Commission has continually refined its approach to defining relevant markets, especially concerning multi-sided platforms and digital ecosystems. The Commission's release of the Revised Market Definition Notice in February 2024 marks another significant step in this ongoing process, aiming to adapt to the dynamics of these fast-moving markets. In this article, we explore the key updates outlined in the notice and its implications for defining relevant markets in the context of multi-sided platforms and digital ecosystems, drawing insights from pertinent cases.