Technology & e-commerce

Technology and e-commerce encompass digitalisation in the broadest sense of the term, and are challenging notably in respect of hardware, software, software as a service, outsourcing and cloud-related agreements, outsourcing regulations for regulated entities, cybercrime and other dematerialisation matters such as click-wrap agreements, electronic signature and legally binding electronic archiving.

Elvinger Hoss Prussen has one of the biggest teams of advisory and litigation lawyers specialising in technology and e-commerce law in Luxembourg.

Our clients

We advise national and international clients on technology and e-commerce issues. We have clients in a wide range of sectors, including banking and finance, payment, insurance, fintech, asset management, investment funds, online platforms, technology, media and communications, space, e-commerce, retail, healthcare, law, consulting, automotive, real estate and more.

Our services

Our services in the technology and e-commerce area include:

• Providing guidance on market practices and regulatory positions
• Assisting on digitisation projects in general
• Drafting, reviewing and negotiating complex software, software as a service, outsourcing and cloud-related agreements as well as terms and conditions with payment service providers
• Advising on outsourcing regulations for regulated entities of the financial and insurance sector, including filings and communications with the relevant regulator
• Anticipating and managing the consequences of cybercrime
• Advising on the legal value of electronic signatures and electronic archiving
• Assisting with corporate, mergers and acquisitions and private equity transactions requiring specialist technology input
• Advising on fintech, regtech and fundtech, including digital ledger technology (DLT) such as crypto-assets (tokenised securities and security tokens)
• Advising on artificial intelligence
• Drafting, reviewing and negotiating online platform agreements with service providers, vendors and customers
• Drafting website and online platform terms of use, online terms and conditions of service, privacy notices, cookie policies and cookie banners, taking into account specific sectoral regulations such as consumer protection, financial services, asset management, healthcare, space, private auctions
• Assistance for contractual dispute resolution and technology-related litigation

Our clients benefit from our expertise in advising on, drafting and negotiating technology-related agreements, including in the financial services and insurance sectors, by ad hoc teams of specialists in relevant areas such as intellectual property, personal data protection, media and communications, regulatory, capital markets, corporate, mergers & acquisitions, finance and investment funds.