Information Communication Technology

Lydian’s ICT team can advise you on the drafting and negotiation of various types of software, hardware and technology services agreements, including in relation to development, licensing, integration/implementation, support and maintenance, manufacturing, marketing and distribution.

We also advise on cloud computing (PaaS, IaaS, SaaS) and open source software (OSS) projects and on technology-driven transactions such as strategic alliances, joint ventures and the acquisition or divestment of technology. As we represent both corporate customers and suppliers from a wide range of business sectors, we understand the commercial requirements and drivers of both parties. Our clients benefit from our ability to identify and anticipate the latest trends in technology contracting.

Our ICT team advises suppliers and corporate customers throughout the lifecycle of an outsourcing relationship. Our specialists quickly understand the key commercial drivers behind the project and provide solutions to address the concerns in the outsourcing process, including service levels, liability, benchmarking, governance, business continuity and exit management.

Lydian’s integrated team, combining expertise in employment, tax, corporate, regulation and data protection, provides 360° legal coverage of your outsourcing project.

We can advise you on a large variety of outsourcing contracts, including those for:

• data centers;
• application management;
• workplace/helpdesk;
• facility management;
• logistics;
• human resources;
• call centers;
• finance and accounting.

Lydian’s ICT team has broad experience in advising on all aspects of e-commerce (including mobile commerce) law and regulation in a B2C, B2B and C2C context. Our clients range from social media platforms to government agencies. This includes:

• (online) consumer protection law;
• e-commerce related contracts (e.g., development, portal and hosting, intrusion testing, fulfilment and logistics)
• protection of domain names;
• e-contracting and distance contracts;
• website terms and conditions;
• return and refund policies;
• online advertising and unfair (online) trade practices;
• privacy policies, website disclaimers and cookies;
• e-archiving, e-security, and e-evidence;
• e-money and e-payment services;
• use, import and export of encryption technologies.

We also assists our clients to meet their legal and regulatory obligations when setting up on-line operations.

Lydian's ICT team offers the right answers to your questions: we combine our team’s specific knowledge and expertise in the electronic communications sector with a seamless and integrated collaboration with our other practices.

Lydian advises corporations on telecom regulatory issues, such as interconnection tariffs, public telecoms network ownership, licensing and requirements. We advise on the full spectrum of telecom-related contracts, including:

• MVNO contracts;
• co-branding arrangements;
• IRU agreements;
• duct sharing arrangements;
• provision of broadband and telecom services;
• dark fibre arrangements;
• collocation agreements;
• cloud service agreements;
• network support and maintenance agreements;
• agreements relating to the provision of telecom hardware.

When acting for a client, whether as plaintiff or defendant, Lydian’s ICT team looks at commercial and business priorities as well as legal analysis.

Our team can represent your company in legal proceedings regarding ICT contracts for software development, licensing, implementation and/or integration, support and maintenance, outsourcing, cloud, apps and e-commerce.

Lydian’s ICT team has experience in assisting clients before all judicial and arbitral courts in Belgium, including: injunction proceedings, seizure proceedings and proceedings on the merits, before both the First Instance Courts and the Courts of Appeal and before the administrative jurisdictions.

Our ICT team works in close cooperation with our dispute resolution specialists, which ensures we can offer you the best combination of ICT knowledge and dispute resolution expertise.