Digital law - IT, IP & Privacy
Digitalisation is transforming the relationship between businesses, individuals and governments. Digital transformation requires businesses to be on guard against regulatory penalties and reputation risk — and to do so at the rapid pace that digital enables.
What EY Law can do for you
Digitalisation is transforming legal and contractual relationships between businesses, individuals and governments. As more data is being collected, stored and exchanged electronically, not only do new monetisation opportunities arise, but so do new risks and responsibilities, including data privacy and cybersecurity.
Digital transformation requires general counsel to be on guard against possible regulatory penalties and reputation risk — and to do so at the rapid pace that digital enables.
The EY Digital Law team can help identifying digital risk areas and meet the legal challenges in following areas:
The digital economy is data-driven. Violations of regulations may result in reputational damage and huge fines in areas like cloud computing, the Internet of Things, social media and big data analytics.
Compliant privacy practices are a key element of corporate governance and accountability. The concern about negative publicity is a key driver for organisations’ efforts to facilitate data protection compliance.
The EY network of legal and IT security professionals, covering more than 80 jurisdictions, gives us the opportunity to cover data protection and cybersecurity issues around the world, including the following:
- Compliant “big data” projects
- Compliance with the new EU General Data Protection Regulation
- Privacy impact assessments
- Compliance in social media use
- Cybersecurity breach management
- Data security policies and implementation
- Privacy by design in digital product development
- Cloud computing compliance
- Data protection in mobile apps
- Frameworks for international data transfers
Intangible assets, such as intellectual property, data, brands and technology, are of increasing strategic importance to businesses. To reach their full potential, businesses must appreciate how regulation varies across operating environments. International IP and technology-related issues include:
- New IP rights stemming from digital transformations
- IP as a core asset of digital business models
- Due diligence into IP-backed asset financing and security interests over IP assets
- Protecting trade secrets and know-how
- IP challenges in 3D printing
- Tax aspects in the allocation of IP rights
- Licensing, joint venture and collaboration documentation
- IP-backed asset financing and security interests over IP assets, including royalty monetisation agreements
- IP due diligence and verification
Taxi, hotel and financial services regulations are illustrative examples where new digital and sharing economy business models collide with regulations. Digitalisation often makes human work superfluous, and triggers specific employment law topics.
EY Digital Law team can help clients identify risk areas and plan to meet the challenges of transformative change, encompassing the legal aspects of regulation in terms of the digital transformation both generally and specific to your sector in the following areas:
- Financial services
- Employment regulation
- Retention and localisation duties
- Pharma and healthcare
In practise, digital’s ability to transcend borders is part of its appeal. However, laws are grounded in a world that is defined with borders, and within them, ever-changing laws concerning data privacy, trade, transactions, IP, crypto currencies and more.
An organisation’s digital platform is a bridge to its customers and, with it, an organisation must confirm that it is not only compliant with e-commerce laws and regulations but also is protecting its interests as it contracts via its digital platform. EY’s integrated law and tax services are particularly critical as the tax and legal aspects of an online business are so entwined, and can help clients:
- Address consumer protection and competition laws as e-commerce capabilities develop and evolve
- Build the legal framework of an e-commerce business by drafting legal agreements for use online
- Protect digital intellectual property appropriately
- Facilitate compliance with global data privacy requirements for a digital business
- Advise on the contractual basis for contracting online, including preparation of user terms and conditions and use of digital signatures
- Assist with the contractual agreements required to get the client’s digital premises off the ground – including software licenses, website design agreements and R&D agreements
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