- Intellectual property
- Privacy & Security
- IT & Internet
- Media & Entertainment
- Commercial contracts
Intellectual property law includes copyright law, related rights (musicians and actors), database law, trademark law, protection of design and trade name law. Deikwijs has unique knowledge of intellectual property law and plenty of court experience. We are a frontrunner in the development of copyright, particularly in the digital domain. Subjects that we advise on and litigate include:
- Collective management of copyright and related rights
- Copyright infringement on the internet
- Image rights for photographers and visual artists
- Trademark infringement and brand protection
- The legal protection of databases
- Trade name disputes
Some of the cases handled by Deikwijs’s lawyer Douwe Linders include:
- deLex vs. Boek9 – A controversial interim hearing about copyright and database law on a website for IP lawyers. The case was won on behalf of deLex, both at first instance and on appeal.
- NORMA vs. de Staat der Nederlanden [the State of the Netherlands] – We represented NORMA in successful proceedings against the State of the Netherlands regarding illegal legislation about private copying rights. The result: a 10 million Euro settlement for NORMA.
- KPN & Digitenne vs. Buma/Stemra (pdf of judgement) – We represented KPN & Digitenne in an interim hearing against Buma/Stemra. The subject of the hearing was the question of whether Digitenne could be obliged to pay the same amounts as other distributors including cable companies and KPN. Digitenne was successful and Buma was forced to continue negotiations.
- Webshops vs. Nintendo (pdf of judgement) – Complex court proceedings based on the principle of the permissibility of circumventing technological measures used by Nintendo to regulate access to its gaming consoles.
- Tom’s Babycare vs. Safe T Sleep (link to judgement) – The claims of the other party were successfully dismissed in an interim hearing about copyright on the design of a baby swaddle.
Privacy & Security
The large-scale processing of personal data raises legal questions in all social contexts. This creates tensions between the increasing demand for free online services on the one hand and control over personal information on the other. This requires a balancing act between protection against terrorism and protection against an all-knowing government. Between the privacy of one person and the freedom of expression of the other. Deikwijs advises on all legal aspects of (digital) data processing. If necessary, we can work with renowned IT security companies and certifying bodies.
Deikwijs offers the following services:
- Advice on compliance and governance of data processing
- Setting up privacy and security policies, including policies for dealing with data leaks
- Setting up data processing agreements
- Defense against enforcement action by the Data Protection Authority
- The Dutch Tax Office provided income indications to landlords, in violation of the Data Protection Act. These landlords subsequently used this information to increase social rent amounts. Deikwijs lawyer Anton Ekker conducted an interim hearing on behalf of the Woonbond (tenants’ association) to end this practice. Deikwijs is now conducting a class action proceedings to get compensation for the damages incurred by tenants, which amount to some hundreds of millions.
- Deikwijs lawyer Douwe Linders was one of the lawyers representing telecomprovider KPN in the first case that led to a court ruling on the duty of care to secure the personal information in the Telecommunications Act: KPN vs. the Consumer and Market Authority (link to judgment).
IT and Internet
Deikwijs has a strong background in Internet and software law. We work for both innovative technology start-ups and established online service providers. We have a thorough insight in technology and understand the reality of e-commerce. As a result, Deikwijs quickly comes up with the appropriate legal solutions. We offer the following services:
- Litigating IT related conflicts
- Advice regarding online platform liability
- Drafting IT contracts (licenses , SLA’s, implementation, cloud, terms and conditions of purchasing and sale, etc.)
- Advice on consumer law (distance selling, withdrawal rights)
- Terms and conditions for online platforms
Some of Deikwijs’s cases include:
- Advice on e-commerce compliance for auction platform Catawiki – Deikwijs advises online auction platform Catawiki on a.o. the national and European rules for e-commerce service providers.
- International terms and conditions of use – Deikwijs drafted the international terms and conditions of use for Catawiki and coordinated localization in different jurisdictions.
- IT purchasing terms and conditions for Malmberg – Deikwijs advises Dutch educational publisher Malmberg. Our services include drafting IT purchasing terms and conditions and negotiating other IT contracts.
- PrivacyPerfect SaaS terms and conditions – For the privacy data mapping and governance tool of PrivacyPerfect, Deikwijs drafted the SaaS terms and conditions of use.
Media & Entertainment
Deikwijs advises clients in the music, film, theatre and book industries, about contracts, liability, rights clearing and online distribution. Aside from the classic entertainment markets, Deikwijs also advises on games and gambling. In addition, media law contains cases about the protection of the honour and reputation and about the right to freedom of expression. Advertising law and portrait rights also belong to Deikwijs’s areas of expertise. Deikwijs advises on the following subjects:
- Film rights and (online) distribution of audiovisual works
- Contracts for film, television and theatre productions
- Reputation management and portrait right infringement
- Freedom of expression
- Misleading advertising and proceedings for the Dutch Advertising Code Committee
A selection of cases:
- NORMA v de Staat der Nederlanden [the State of the Netherlands] – Deikwijs lawyer Douwe represented NORMA in proceedings against the State regarding illegal legislation about private copying rights.
- Interim hearing about an online smear campaign – A successful online platform was the victim of a large-scale smear campaign. Douwe won the interim hearing that ended this.
- Hivos v Klager (Dutch Advertising Code Committee) – On behalf of development organisation Hivos, Douwe responded to a complaint lodged with the Dutch Advertising Code Committee. The complaint was revoked without a hearing being necessary.
Deikwijs is socially engaged. We enjoy working for non-profit organizations in cases with a significant public interest. To limit legal costs we can work at reduced rates or entirely pro bono for human rights organizations, privacy advocates and organizations in the areas of arts and culture.
A selection of cases:
- Hivos – Deikwijs is the regular firm for development organization Hivos. Deikwijs supports Hivos with pre-publication advice in public campaigns, litigation and drafting all kinds of contracts.
- Platform Burgerrechten (Civil Rights Platform) v the State of the Netherlands – Douwe Linders represented civil rights foundation Stichting Bescherming Burgerrechten and Mr Lukas Kruijswijk in summary proceedings in a fundamental case against the State of the Netherlands. At stake was the protection of the constitutional right of secrecy of the ballot and the assurance of free elections.
- Appeal on Zwarte Piet (Black Peter) – On behalf of the Pietengilde (the Black Peter Guild), Douwe Linders of Deikwijs successfully lodged an appeal against the judgment of the Court of Amsterdam in a case about whether the arrival of Sinterklaas (Saint Nicholas) could go ahead due to the alleged racist character of Zwarte Piet (Black Peter).
Deikwijs has extensive experience in drafting and negotiating complex and business-critical contracts. The knowledge and experience at Deikwijs are enhanced by the fact that the firm also acts in disputes on contract law. This means that Deikwijs knows what can go wrong and how this can be prevented. Clear communication between client and lawyer is essential. This is why we work together intensively to achieve a result that is appropriate for the situation. If necessary, expertise is acquired from law firms within our network, specialising in other areas of law such as fiscal law, labour law or company law. Contracts Deikwijs can draft include the following:
- Licensing and transfer of technology and intellectual property
- Distribution and agency agreements
- Cooperation agreements
- Engagement agreement
- IT contracts
- Confidentiality agreements
- Negotiation and settlement agreements
- Privacy contracts
- General Terms and Conditions
- Contract for outsourcing of the distribution centre of Malmberg – Douwe assisted Malmberg in the outsourcing of their distribution centre and drafted the legal documents for this. This was a complex process for a very business-critical component of the educational publisher.
- International Terms and Conditions of Use for Catawiki – Douwe drafts complex terms and conditions of use for auction site Catawiki and coordinates their localisation in the different countries where Catawiki operates.
- IT purchasing terms and conditions for Malmberg – Douwe is the regular lawyer for a number of areas of law for educational publisher Malmberg. His services for Malmberg have included drafting IT purchasing terms and conditions and negotiating other IT contracts.
- PrivacyPerfect SaaS terms and conditions – For the privacy data mapping and governance tool of PrivacyPerfect, Douwe drafted the SaaS terms and conditions of use.
- Settlement agreement NORMA v de Staat der Nederlanden [the State of the Netherland] – After NORMA had won a case about illegal private copying legislation against the State, the proceedings for the determination of damages settled for 10 million Euros. Douwe negotiated the settlement agreement on behalf of NORMA.