Commercial tech & IP

regulation, the NIS II directive, or other legal frameworks can result in administrative fines as well as significant reputational damage to an organization. We can assist our clients in mitigating this risk by the implementing adequate procedures and documentation.

Our department for Commercial Tech & Data offers comprehensive advice regarding personal data management, from producing data processing agreements, privacy policies, and transfer impact assessments to legal assessments relating to cyber security and international compliance programs. We also assist our clients in negotiations and with preventing and managing incidents.

Fylgia’s lawyers work closely with technology-driven clients and stay continuously updated on the legal landscape as well as technological developments. We are there for you whether it concerns legal assessments regarding IT security and cloud services, AI, surveillance cameras, marketing, processing of biometric data, health data, and other sensitive information, or conventional records of employees and customers.

Services

• Privacy matters
• Privacy notices
• Cyber security
• Data breach notifications and assessments
• Data subject right requests
• Privacy impact assessments
• Controller-processor responsibility assessments
• Data processing agreements and reviews
• Risk assessment, mitigation and management
• Data retention obligations and policies
• Anonymization, pseudonymization and de-identification
• Consent management
• Transfer impact assessments and data transfer agreements
• Compliance programs
• Records of processing activities
• Data portability
• Privacy by design

on both EU and Swedish law.

Fylgia’s department for Commercial Tech & Data has the knowledge and industry expertise required to provide advice regarding all kinds of contractual questions as well as legal relations between operators. We also help clients with disputes, procurement, breach reports and investigations, risk assessments, and in their communication with supervisory authorities.

Services

• Breach reports and assessments
• Interception law risk analysis
• Data retention obligations and policies
• Anonymisation, pseudonymisation and deidentification
• Consent management
• Risk prevention and management
• Data transfer assessments and contracts
• Compliance programs
• Drafting and negotiating of commercial IT and outsourcing contracts
• Business process outsourcing
• Assessments of regulatory initiatives
• Advice regarding implementation of new technologies

Our lawyers have provided regulatory guidance and drafted, negotiated and reviewed IT and outsourcing contracts on behalf of large international telecom-, e-commerce and fintech companies.

Services

Drafting and negotiating commercial IT and outsourcing contracts, such as:

• Service level agreements
• Hosting agreements
• SaaS contracts
• Cloud contracts
• Cooperation agreements
• Distribution agreements
• Drafting and negotiating: commercial contracts
• Delivery agreements
• General terms and conditions
• Standard agreements

placement and undercover marketing, content marketing, newsletters, search ads, telemarketing, and influencer marketing. This is regulated by law as well as guidelines from public authorities and trade organizations, but ethical considerations may also be necessary.

Organizations that market goods and services not only have to consider regulations such as the Marketing Act, the Act on Names and Images in Advertising, and the Price Information Act but also surrounding regulations on personal data processing and intellectual property. In 2022, several changes were made in Swedish law. In addition to stricter sanctions, advertisers are also required to be more transparent regarding pricing and price reductions. Certain types of marketing, such as the marketing of alcoholic beverages, gambling services, medicine, and consumer credits, as well as marketing targeted at children, also call for special considerations. Additionally, there are ethical frameworks for self-regulation, guidance from public authorities, and international rules on advertising and marketing communication.

Fylgia’s lawyers have extensive experience in helping companies and public authorities minimize the risk of fines, injunctions, disputes, and reputational damage in relation to various types of marketing. We also assist clients in dealing with unfair marketing practices undertaken by other actors.

Services

• Compliance programs
• Considerations regarding good marketing practice
• Consent management
• Assessment, prevention, and management of risks
• Advice regarding the relationship between marketing law and the GDPR
• Terms of use, general terms, purchase conditions