Technology and Digitalization
Information technology and communication is essential for doing business in our digital society. Digitization changes how markets work and is a challenge for existing business models. The digital era affects not only the IT, technology and communication sectors as such, but created both challenges and new opportunities for all industries and public sector.
We have a strong practice group with practical market knowledge and detailed understanding of the legal issues that arise in these markets, be it operating systems, software, webpages or other technological solutions.
We support both customers and suppliers through procurements or licensing out of technology and assist many of the major Norwegian technology and communication businesses. We work with both national and international clients, including on cross-border issues.
Our aim is to provide pragmatic and practical advice that creates value for our clients.
Areas of Expertise
Good contracts that reflect the contract performance required and which contain appropriate mechanisms that gives incentives to contract fulfilment, are essential in order for businesses to achieve the desired results without taking unnecessary implementation risks.
We have extensive experience with various types of IT contracts, and assist with all kinds of IT-projects from the purchase of standard products and services based on standard agreements to complex IT deliveries with customized contracts. For projects involving the public sector, we also assist with public procurement issues. We have experience from many of the major Norwegian IT projects both in the procurement and implementation stages.
Moreover, when the contractual course does not run as planned and disputes arise, we assist with strategic advice and dispute resolution.
Our aim is to provide pragmatic advice aimed at finding the most efficient business solutions for our clients.
Our services include:
- Choosing contract format, adaptation of standard agreements or tailor-made agreements as well as contract negotiations
- Procurement and licensing of software and sale/purchase of hardware
- Maintenance and support agreements
- Software and technology development agreements
- Operation and outsourcing agreements, including ASP / SaaS / IaaS / PaaS and use of cloud services
- Distribution and agency agreements
- Manufacturing agreements (OEM agreements)
- Standard terms
- Dispute resolution and project assistance
We have for many years assisted some of the major Norwegian companies in the telecom sector and have specialist expertise in this area. We assist with negotiations, drafting agreements, in regulatory procedures and with litigation. We also assist with lobbying efforts in respect of new legislation.
We have extensive experience with cases involving the Norwegian Communication Authority, the Ministry, the EFTA Surveillance Authority and other sector-specific bodies. Furthermore, we have been involved in most of the principal administrative and litigation matters in the Norwegian communication market.
Marketing of digital services
We advise on issues related to marketing of digital services in relation to consumer authorities and assist clients in marketing disputes with other businesses.
We have extensive experience with legal issues involving e-commerce and web-based agreements. We provide assistance to clients setting up web-based services, in relation to the marketing of such services and with general dispute resolution within this area. We give advice that creates value for our clients and limit risks to their online business.
Privacy and Data Processing
Privacy is a core value in the digital economy. Personal data legislation (GDPR) regulates how personal data may be used and how it must be protected. Violations of personal data legislation may have severe negative business impact both in terms of punitive damages and reputation.
We will assist you in optimizing the use of personal and other data from a strategic business perspective within the limits set by law. We have practical experience in tailoring solutions based on our client’s need while ensuring legal compliance.
Information security is essential both in terms of safeguarding business and trade secrets and to ensure compliance with GDPR. Furthermore, companies that provide platforms and services that are essential for the functioning of our modern society are increasingly subject to both general and sector-specific regulatory security requirements.
We advise on legal obligations in respect of information security in general. In addition we have detailed experience on sector specific security requirements.
Disputes within this sector are often complex. We have broad experience on dispute resolution within IT and technology projects and disputes within the communication sector. We have hereunder been involved in many of the major disputes within these sectors.
In Hjort, it is the lawyers working in the practice area on a daily basis, that represent our clients before the courts or in arbitration. We thus ensure that clients have the advantage of our market knowledge also in dispute situations.
Clients enjoy the team's "swift and precise" responses and highlight "a very good understanding of business."
– Chambers and Partners 2019