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Technology and Digitalization

Information and communications technology is increasingly important for most businesses, and traditional industries are increasingly converging with or becoming tech companies. This is challenges market mechanisms, established business models and legal frameworks.

Technological developments often generate new legal issues, and the legal framework can create both challenges and opportunities. While the legal rules are sometimes limiting, it is more often a question of placing new technology and new business models in the appropriate legal context. This requires both legal and technological insight and knowledge.

A holistic perspective

We have a renowned team with extensive experience within technology, IT and electronic communications. We are up-to-date on technological trends, have thorough industry knowledge, and are familiar with the legal challenges facing the industry. Our engagement with ICT Norway facilitates close dialogue with industry players and involvement in the development of this specialist field. This also enables us to find the best solutions for our clients.

Technology and digitalisation are also characterised by cross-border business models and cross-jurisdictional issues. We are used to working in an international setting and have access to an international network of cooperating law firms if needed.

Strategic sparring partner

We advise on all types of cases and often assist with matters at the intersection of law, technology and new business models. Our experienced lawyers help our clients to identify opportunities, challenges and solutions to facilitate informed decision-making and eliminate undesirable risk. We provide pragmatic and solution-oriented advice that reflects the specific situation and client preferences and needs. We assemble and tailor our teams to provide accurate and effective assistance in each project.

Our considerable litigation experience also allows us to handle any disputes that might arise.

Areas of Expertise

IT Contracts

IT systems are often business-critical, and good IT contracts are therefore vitally important ot the business. The distinctive features of IT contracts requires

both understanding of the legal issues and industry knowledge. We have advised in several of Norway’s largest IT projects on contract drafting and negotiations, execution and dispute resolution.

We have extensive experience with different types of IT contracts, and assist in matters ranging from product and service purchases based on standard agreements to complex IT deliveries involving customised contracts for software and procurements, development and customisation projects, operation and maintenance, outsourcing and use of cloud services, licensing of intellectual property rights, etc.

We also advise on the choice of contract format, negotiations and public procurements. We have thorough knowledge of the standard contracts used in Norway, but also assist with drafting and adapting custom contracts for different projects and purposes, as well as contracting strategies.

Electronic Communication

Increased digitalisation and the use of new technologies has made electronic communications critical to society and businesses. Our expertise in this area includes both traditional telecommunications and new communication services.

We have advised some of Norway’s largest telecom businesses for many years. Our specialist expertise includes negotiations, contract drafting, handling of regulatory matters and legal disputes. We also assist with providing input to regulatory consultations and other legislative processes.

We have extensive experience of advising on the liability of electronic communication providers for content transmitted through their services, including the statutory exemptions from liability and the procedures for addressing online copyright infringements, defamation and personal data related issues.

We have advised on numerous cases involving the Norwegian Communications Authority, the Ministry of Transport, the EFTA Surveillance Authority (ESA) and other sectoral bodies, and have litigated many of the landmark cases within electronic communications.

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.

Electronic Commerce

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.

Personal data (GDPR)

Personal data processing is important in today’s digital economy, and increased digitalisation has also entailed an increased focus on personal data. Most businesses process personal data in some way, and must therefore comply with the rules relating to processing of personal data.

The General Data Protection Regulation (GDPR) restricts the processing of personal data, and violations of the GDPR can have significant reputational consequences and result in administrative penalties. Increased digitalisation and increasingly complex supply chains also yields increased complexity of this area and that it is becoming critical to an increasing number of businesses.

Our advise enables you to optimize your personal data, both strategically and commercially, within the statutory framework. We have extensive experience with the practical handling of personal data issues in various commercial contexts, and we tailor solutions to client needs. We also assist with data processing audits and the preparation of internal audit documentation etc.

We have extensive experience of advising companies that are under audit by the Norwegian Data Protection Authority for breaches of personal data rules, and regularly advise both companies and data subjects in relation to personal data breaches, complaints, etc.

Information Security

Information security is vital to secure confidential information and fulfilling regulatory requirements related to personal data and essential functions.

The importance of digital infrastructure and services is increasing, and increased digitalisation means increased risk exposure to service outages, data manipulation and other undesired incidents relating to information security. At the same time, information systems are increasingly being outsourced, and supply chains are becoming more complex. It is important to comply with regulatory requirements and to impose effective security requirements on suppliers.

We advise on general regulatory requirements related to information security, and also have extensive experience with industries that are subject to specific information security requirements. We also advise on how to implement information security requirements in connection with ordinary operations and outsourcing.

Dispute Resolution

We have extensive experience with dispute resolution in the IT, technology and communications sectors and have advised on many of Norway’s largest disputes in these areas.

Our specialist lawyers will normally also litigate disputes within this area, ensuring that they are both up-to-date on industry and technical developments and have litigation experience to provide the best possible service to our clients.

E-commerce and marketing of digital services

Online retail activities and the sale of digital services often have cross-border aspects that raise marketing, contractual and consumer rights issues. New marketing channels are emerging, and new players are challenging traditional thinking and business models within retail and services. We know how e-commerce can add value, and how to avoid or limit undesirable risk.

We advise on issues related to the marketing of digital services and marketplaces, and advise businesses in relation to consumers and other customers, in disputes with other businesses and in their interactions with the authorities. We also advise on drafting and review of contracts and marketing materials.

We have thorough knowledge of e-commerce and online contract formation issues, and the liability of communication service providers in e-commerce. We have authored the Karnov Law Commentary on the Norwegian Electronic Commerce Act, and have broad experience with online services and marketing issues, as well as general dispute resolution in this area.

Clients enjoy the team's "swift and precise" responses and highlight "a very good understanding of business."

– Chambers and Partners 2019