Information Technology

“Legal IT problems can often be solved in a technical manner.”

Nowadays, software and infrastructure have many appearances. Not just in the own building or on the own work station, but elsewhere in the form of a SaaS, PaaS or IaaS solution. Or still further away, somewhere in the Cloud. All these developments raise new questions. Buyers are more and more often parties to multi-party contracts. Who has the legal responsibility? How to guarantee the security of personal data if these data are transmitted throughout the world? And how to guard the continuity if one of the specialized suppliers fails to deliver?

Keeping close track of IT developments

The ICT team of Kennedy Van der Laan keeps close track of technological developments. Only this way we can give our clients clients pragmatic advice on the legal implications of, for instance, e-commerce, electronic signatures and digital security.

Some of our attorneys have worked in IT, others are trained in IT techniques. As a result, they know this world inside out. That is our strength. We understand that legal issues may be solved often or even better in a technical manner. These solutions can only be found if you are able to connect both worlds.

Our ICT team is nationally and internationally known as a leading team. We work for international IT providers and a wide range of IT users, large businesses as well as government and semi-government bodies. We are especially engaged in pioneer projects, such as the Dutch national public transport chip card, the iris scan system for airplane passengers and a worldwide banking project to enable the identification of parties in business-to-business transactions by means of digital signatures.

Who’s Who Legal – TMT 2017
Independent Amsterdam-based outfit Kennedy Van Der Laan boasts some of the most highly regarded practitioners in the whole of the Europe. It also has the most number of individuals recognised from a single office in our entire research. Reinoud Westerdijk is a leading exponent of IT law, with “one of the very best” commercial and procurement practices in the sector. Patrick Wit’s expertise in IT and telecoms, including commercial and compliance matters, is highly regarded by an international body of respondents. Joost Linnemann is “a star” lawyer in the IT sector. A peer notes, “His knowledge and experience cannot be beaten.”


Chambers Europe 2016 – TMT – Band 1

What the team is known for Highly regarded for media, IT and outsourcing expertise, with growing strength in litigation and high-profile recent work regarding financial technology, media regulation and freedom of speech. Also noted for experience in privacy, defamation, e-commerce and licensing.

Strengths (Quotes mainly from clients)

“Kennedy Van der Laan has a good team. It provides a really complete approach – it went beyond the purely professional realm. I think on the whole the co-operation with the firm was excellent.”

“The lawyers have in-depth knowledge of the market and applicable laws, but are very good at keeping things simple for non-lawyers. I was very impressed by the quality and speed of their service.”

Work highlights Represented Telegraaf Media Group in a dispute against the NPO regarding whether data is protected by IP rights and the publication of that data.

Acted for KRO-NCRV on proceedings against Ryanair concerning broadcasts that criticised Ryanair’s safety culture.

Notable practitioners 

Hester De Vries specialises in data protection and privacy. Clients value her as a “sparring partner in showing us all scenarios and strategic routes.” She advised Vereniging van Zorgaanbieders voor Zorgcommunicatie on a dispute relating to its national electronic patient data exchange.

Jens van den Brink has been especially active recently in handling defamation and copyright disputes for broadcasters and newspapers. Clients say he is “very good, he knows what he is talking about and he always reacts very promptly.” He advised UPC Nederland on a dispute in which a German rights holder organisation was seeking to disclose the identity of UPC subscribers who had exchanged pirated movies.

Joost Linnemann is a strong IT and technology litigator and also advises on outsourcing and other IT projects, particularly regarding software. He has been recently active in the finance and healthcare sector. Clients value that he is “very knowledgeable and detail-focused.” He acted for Alert Life Sciences Computing on a dispute concerning the alleged failure to develop and implement electronic healthcare software.

Patrick Wit focuses primarily on outsourcing matters, and is also active in telecoms litigation. Clients appreciate his “great sense of humour and in-depth knowledge on every aspect of IT contracting. He’s very accessible too and very pleasant to work with.” He advised Vereniging Nederlandse Assurantie Beurs on an IT project in the insurance sector.

Christien Wildeman handles media disputes, particularly regarding defamation as it relates to journalists. Clients state that she is “quite sharp. I like working with her, she is always available.”She advised KRO-NCRV and CCCP on a dispute concerning the broadcasting of video recordings made within Media Markt premises.

Significant clients ABN AMRO, De Persgroep, Microsoft, NRC Media, Siemens.


 

Legal 500 EMEA 2016 – Information Technology – Tier 1

Joost Linnemann heads up the department at Kennedy Van der Laan; he successfully defended Alert Life Sciences Computing against two customers’ claims that Alert failed to develop and implement software. The team is praised for its responsiveness, professionalism and value for money. Patrick Wit is widely recommended.


 

Who’s Who Legal 2016 – Law firm of the Year for Technology, Media and Telecommunications

Our IT law firm of the year for the first time, Kennedy Van der Laan astounds this year, moving up two places to claim the top spot in our research. The Netherlands-based firm boasts 100 lawyers in the jurisdiction and has fostered relationships worldwide to ensure clients are provided with local expertise and support in complex transnational cases.

The “outstanding” TMT team at the firm is highly proficient in litigation, acquisitions and outsourcings, but the practice’s crowning glory is its unrivalled expertise in data protection. The firm’s enviable client list includes technology giants Siemens and Microsoft, as well as CGI, Q-Music and –  as part of its Customized Alliance, launched in 2014 – sports giant Nike.

Clients continue to be attracted by the considerable industry insight possessed by lawyers at the firm, many of whom have either worked, or been trained, in IT.

Read more: http://whoswholegal.com/firms/3082/kennedy-van-der-laan/


 

Chambers Europe 2015 – TMT – Band 1

What the team is known for Market-leading IT practice spanning litigation, outsourcing and acquisitions. Notable expertise in data protection. The media team is strong in litigation, notably disputes related to freedom of expression and defamation.

Strengths (Quotes mainly from clients)

“The team responds quickly and offers good strategies to choose between.”

“The lawyers are very responsive, practical and hands-on.”

What’s new? Added CGI, De Telegraaf, NCRV, Q-Music and Siemens as clients.

Work highlights Representing Telegraaf Media Group in a claim brought by NPO relating to De Telegraaf’s publication of a weekly TV guide.

Assisted Alert/Hiscox with proceedings against five Dutch hospitals related to a failed IT project worth EUR20 million.

Notable practitioners 

Jens van den Brink leads the media team, specialising in defamation and unlawful publication. Clients value his litigation expertise, practical advice and the fact that “he can always give you a solution.”

Hester De Vries is a renowned privacy and data protection expert. She advises clients on compliance, litigation and investigations and is widely described as “one of the best in the field.”

Patrick Wit heads the technology and telecoms practices. He has particular expertise in outsourcings and is admired for his ability to navigate complex supply chains.

Joost Linnemann has a strong track record on technology disputes. Sources are quick to highlight his “excellent analytical and interpersonal skills.”

Rising star Christien Wildeman focuses on freedom of expression, defamation and IP issues. “She understood what we were fighting for and really knows the media industry,”enthuse clients.

Significant clients Capgemini, De Persgroep, Royal Ahold, Microsoft, NRC Media, UPC.


 

Legal 500 EMEA 2015 – Information Technology – Tier 1

Kennedy Van der Laan’s team is ‘highly experienced and highly specialised in IT’. The outsourcing practice, which is led by Patrick Wit, recently assisted Liberty Global with the drafting of outsourcing agreements. Martine de Koning heads the department.

Kennedy Van der Laan appoints two partners to strengthen its Commercial Litigation & Arbitration and Banking & Finance practices

From January 1, 2017, Kennedy Van der Laan named Christoph Jeloschek and Joris van Horzen as new partners. Bart de Man, Managing Partner: "These...

18 january 2017 

Who's Who Legal TMT 2017 Analysis: 'Independent Amsterdam-based outfit Kennedy Van Der Laan boasts some of the most highly regarded practitioners in the whole of the Europe.'

The research agency Who’s Who Legal has published its TMT 2017 Analysis. Each year Who’s Who Legal conducts an objective and independent...

06 january 2017 

Supreme Court Put a StiPP to the Allocation Function

In the past months, the judgment of the Supreme Court in the StiPP has been anxiously awaited. A discussion has been going on for a long time about...

09 november 2016 

Jobs Deal Achieved; No Quota for Work-Disabled Persons in 2017

The first objective from the Jobs Deal and Work-Disabled Persons Quota Act ('Jobs Deal Act') has been achieved. As a result, the quota regime for...

30 august 2016 

Kennedy Van der Laan Only Non-British Firm Nominated for The Lawyer Business Leadership Awards 2016

Today, it was announced that Kennedy Van der Laan has been nominated for The Lawyer Business Leadership Awards 2016. With its ‘Alliance Community...

27 june 2016 

eBook FinTech The Latest (Legal) Developments

It is almost impossible today not to read about FinTech in the newspaper. Not only are politicians keeping a keen eye on FinTech, it is so...

20 may 2016 

The Legal 500 rankings 2016

The Legal 500 has published its rankings for 2016. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

19 april 2016 

A data breach! What to do?

Kennedy Van der Laan's answer is the Data Breach Quickscan You may not be aware of it, but every day your organization runs a big risk of causing a...

15 march 2016 

Kennedy Van der Laan Appoints Four Counsel

Kennedy Van der Laan has appointed as counsel its attorneys Bart-Adriaan de Ruijter, Christien Wildeman, Floor Veltman and Otto Sleeking as per...

14 january 2016 

Agreement on EU data protection reform

On 15 December 2015, the European Commission reached an agreement with the European Parliament and the Council on the EU Data Protection Reform. The...

16 december 2015 

The invalidated U.S. Safe Harbor Agreement: how to respond?

Why the Court invalidated the U.S. Safe Harbor On 6 October 2015, the European Court of Justice declared the Commission’s Decision 2000/520...

12 october 2015 

8 Questions on the Legal Aspects of Live Streaming with Meerkat and Periscope

The newest episode of Game of Thrones was streamed live on a massive scale. HBO is of the view that this is violating its intellectual property...

22 june 2015 

Kennedy Van der Laan Partner of Deloitte Technology Fast50

As of this year Kennedy Van der Laan has joined the Deloitte Technology Fast50, a ranking of the 50 fastest-growing technology companies in the...

02 june 2015 

The Dutch Work and Security Act: what you as a founder of a startup should know

Pursuant to the Work and Security Act (Wet Werk en Zekerheid), the Dutch legislation for employment law has been revised. In this news bulletin, we...

13 may 2015 

Chambers 2015: Kennedy Van der Laan number 1 in IT and Media

Chambers and Partners has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, Chambers and...

30 april 2015 

Google Under Fire: Next Fine of Billions for American IT Giant?

The European Commission has sent Google a so-called ‘Statement of Objections’, because it suspects that Google is abusing its dominant position...

22 april 2015 

The Legal 500 rankings 2015

The Legal 500 has published its rankings for 2015. On the basis of annual extensive research on the market and among clients, The Legal 500 compiles...

16 april 2015 

Kennedy Van der Laan Is Nominated for "Netherlands Law Firm of the Year Award 2015"

The reputable “Chambers Guides” has announced its nominations for the “Chambers Europe Law Firm of the Year Awards 2015″ and Kennedy Van der...

11 march 2015 

Cybersecurity 2015: an overview of the legal aspects in the Netherlands

For Getting the Deal Through (Law Business Research) Patrick Wit, David Korteweg and Maarten Goudsmit made a contribution in which a high-level...

17 february 2015 

Better Security: Quicker Liability

Cyber crime and cyber security are so closely connected that they almost seem like lovers. Reality, however, is less romantic. Criminals are finding...

16 december 2014 

New Dutch data retention regime proposed: data must stay within the EU

More than seven months after the European Court of Justice declared the European Data Retention Directive ( 2006/24/EC) invalid, the Dutch Minister...

21 november 2014 

Fair competition: ambient intelligence, smart marketing and loyalty programmes

The retail sector increasingly uses databases filled with (potential)customers’ behaviour for smart marketing purposes. This involves largescale...

06 may 2014 

Delivery of Digital Content: the Same as Consumer Sale of Goods?

How the implementation of the Consumer Rights Directive 2011 in the Netherlands is likely to result in legal uncertainties concerning the delivery of...

12 march 2014 

Kennedy Van der Laan launches Customized Alliance

The new European legal solution for multinationals With Nike as first launch customer, top 20 Dutch law firm Kennedy Van der Laan launches...

05 march 2014 

As of January 2014 New Managing Partner for Kennedy Van der Laan

Bart de Man and Patrick Wit join the Executive Board Starting 1 January 2014, the new Managing Partner at Kennedy Van der Laan will be Bart de Man....

19 december 2013 

Social Agreement: Dismissal Rules Changed Again?

After the formation of the Coalition Agreement, we published the newsletter article ‘Dismissal Law Turned Topsy-Turvy; What Should You Know?’...

13 may 2013 

More Possibilities for Division of Powers of Shareholders

An interesting change that will perhaps be overlooked at first is the possibility to divide voting rights of shareholders. Such a division is...

23 april 2013 

New European proposal supposed to improve Cybersecurity

On 7 February, the European Commission announced a proposal for a new Directive concerning network and information security. Among other measures,...

15 february 2013 

Software Patents in Real Life: the Right to an Electronic Program Guide

Court of The Hague of 19 December 2012, case number 412028 Despite the fact that the Register of European Patents is full of patents for...

11 january 2013 

Embedding is ‘communication to the public’: Judgment in the Nederland.fm Case

The Court of The Hague rendered an interesting judgment on the question whether the embedding of radio streams on the websites Nederland.fm and Op.fm...

11 january 2013 

Nexpak vs Technicolor: a Judgment on the Applicability of General Conditions under the Vienna Sales Convention

On 1 August 2012 the Court of Den Bosch (Nexpak/Technicolor, LJN BX3380) ruled on the applicability of general conditions under the Vienna Sales...

21 august 2012 

ECJ Examines Used Software

ECJ, 3 July 2012, C 128/11 On 3 July 2012, the ECJ rendered a judgment in a case between Oracle and UsedSoft. This case was about used (or...

24 july 2012 

European Court Puts Paid to Protection of Writings for Databases in Football Dataco Case

ECJ, 1 March 2012, case C-604/10 (Football Dataco et al. versus Yahoo UK Ltd et al.) Football Dataco organizes annual football leagues in...

28 march 2012 

What Is the Score with AdWords?

Tempur regularly litigates against competitors who are using the designation ‘Tempur’ in their advertising campaigns. When a competitor buys the...

28 february 2012 

Ziggo and XS4ALL Must Block Access to The Pirate Bay

A discussion of the judgment of the Court of The Hague of 11 January 2012 in BREIN/Ziggo-XS4ALL In 2010, BREIN tried to obtain a court order in...

31 january 2012 

New Dutch Games of Chance Authority: More Supervision of Games of Chance

At the end of December 2011 the Dutch Senate approved the introduction of the new Games of Chance Authority (Kansspelautoriteit (”KSA”)). The KSA...

31 january 2012 

European Court of Justice Confirms in Martinez/MGN the Right to Forum Shop in Proceedings on Internet Publication

A discussion of the cases GmbH/X and Olivier Martinez/MGN Ltd of 25 October 2011 In the case of Martinez/MGN (Sunday Mirror), the European Court...

06 december 2011 

Court of The Hague: ‘Forward Link’ is no disclosure either

District Court of The Hague, 2 November 2011, LJN: BU3223 According to established case law, posting a link to infringing content is not copyright...

06 december 2011 

Another Adwords judgment of the European Court of Justice

On 22 September 2011, the European Court of Justice has once again rendered a judgment about the use of Google AdWords consisting of a competitor’s...

28 october 2011 

Webshop Owners and the Right of Withdrawal under the new Consumer Rights Directive

Harmonization in Europe The European Commission has proposed the new Directive on Consumer Rights (the ‘New Directive’) in order to thus...

26 july 2011 

New Dutch cookie law requires prior consent from internet users

Last week (on 21 June 2011), Dutch Parliament passed a bill which transposes the amendments to the ePrivacy Directive. Pursuant to the new “cookie...

30 june 2011 

Government wants to prohibit downloading from illegal sources and targets commercial internet intermediaries

In a ‘Key Objectives Copyright Letter’ (Speerpuntenbrief auteursrecht) the State Secretary Teeven of Safety and Justice has made clear on 11...

29 april 2011 

Clarification of jurisdiction rules regarding service offered to consumers via the internet

Under European rules on jurisdiction, proceedings against consumers have to be brought before the courts of the member state where the consumer is...

27 january 2011 

ARBIT: State Terms and Conditions for IT Contracts

On 19 July 2010 the Dutch national government published terms and conditions to be used by the public sector when contracting IT products and...

03 december 2010 

New Rules for Tacit Extension and Termination of Consumer Contracts

In an earlier edition of this Newsletter, Christoph Jeloschek wrote about the bill for tacit extension and termination of consumer contracts (no....

28 october 2010 

New Act More Considerate with Electronic Traffic

In a previous newsletter Otto Sleeking has already discussed a bill, in which a number of amendments in the Dutch Civil Code ("BW") and the Dutch...

30 september 2010 

Judgment in Preliminary Relief Proceedings Brein - Ziggo/XS4ALL: No Blocking of The Pirate Bay

Evaluation of the judgment re Brein vs. Ziggo/XS4ALL dated 19 July 2010. On 19 July 2010 the Court of The Hague rendered a judgment (in Dutch) in...

30 august 2010 

A legislative proposal on the reinforcement of fighting computer crime confers far-reaching powers upon the public prosecutor

Met een conceptwetsvoorstel van 28 juli wil demissionair minister Hirsch Ballin de strafrechtelijke maatregelen versterken ter bescherming van de...

30 august 2010 

New Rules for Cookies

Cookies are small information files originating from visited websites which the browser stores on the user's computer. Those same websites can read...

26 february 2010 

Possibility to Impose an Order in IP-Cases Without Summoning the Defendant

Ex parte order applied for the first time in a decision in preliminary relief proceedings of the Court of The Hague dated 7 June 2007 As we...

01 july 2007 

Cases against Microsoft

In the past years, Microsoft has been under heavy antitrust scrutiny. The company has been accused of several forms of anti-competitive behaviour....

01 june 2007 

Product liability for software

Consideration of liablility for information products This doctoral thesis addresses the question of whether product liability rules can be applied...

01 january 1995 

KVdL FinTech Seminar

On 5 April 2016 the KVdL FinTech Seminar took place.

05 april 2016 

KVdL Update: EU Data Protection Reform

On Tuesday 15 March 2015 Kennedy Van der Laan organized the Update: EU Data Protection Reform.

15 march 2016 
Joost Linnemann

Joost Linnemann

Attorney at law, Partner

  • Joost Linnemann https://kvdl.com/our-people/joost-linnemann/ Attorney at law, Partner +31 20 5506 636 joost.linnemann@kvdl.com http://www.linkedin.com/in/joostlinnemann
  • Reinoud Westerdijk https://kvdl.com/our-people/reinoud-westerdijk/ Attorney at law, Partner +31 20 5506 638 reinoud.westerdijk@kvdl.com http://www.linkedin.com/pub/reinoud-westerdijk/4/671/66
  • Martine de Koning https://kvdl.com/our-people/martine-de-koning/ Attorney at law, Partner +31 20 5506 639 martine.de.koning@kvdl.com http://nl.linkedin.com/in/martindedekoning
  • Patrick Wit https://kvdl.com/our-people/patrick-wit-2/ Attorney at law, Executive Board, Partner +31 20 5506 642 patrick.wit@kvdl.com http://www.linkedin.com/pub/patrick-wit/3/768/b53