Data and Technology Law

In Law

Data and technology drive the potential for all our futures, offering capabilities for transforming how organisations, governments, businesses and individuals communicate, transact and interact. 

Technology-enabled and data-driven entities need to understand the potential risks and responsibilities that lie ahead, which could lead to regulatory penalties, reputational damage or prohibitive costs. We provide that understanding.

In addition, we offer our collective global experience to assist clients in harnessing the power of data and technology in their transactions, contracts, governance and operations.  We offer practical insights and actionable guidance for designing digital transformation and technology-driven transactions in a legally compliant way.  

Related topics Law Cybersecurity Consulting Technology Workforce Strategy and Transactions Data and decision intelligence

The team

Amber Cerny

Amber Cerny

EY Oceania Corporate Law Partner

Emma Maconick

Emma Maconick

EY Oceania Data and Technology Law Leader

Being prepared for change in a hyper-connected digital world relies on decision-makers who are empowered and informed to make strategic decisions, often at the rapid pace that technology-enabled economies demand.

Digital technology and the data it can handle transforms relationships between businesses, individuals and governments. As more data is collected, stored and exchanged, not only do new commercialization and service delivery opportunities arise, but so do new risks and responsibilities influenced by constantly changing legal, commercial and regulatory considerations.

The data-driven world is not getting simpler. EY Law’s Data & Technology team can help.  Clients choose EY’s legal specialists as trusted partners, who are treated as an extension of their own teams offering a connected, global, multidisciplinary network of experts. We see the big picture, we have deep technical knowledge, and we work as one team to bring the full power of EY Law to serving our clients.

EY Law has more than 3,500 legal professionals operating in more than 90 jurisdictions.  Our globally connected legal specialists support clients with identifying legal and regulatory risks and responsibilities and meeting legal challenges.

We help our clients to harness responsibly the promise of technology and innovation in building a better working world.  

  • Data Privacy, Protection and Cyber Security

    The digital economy is data-driven, with significant opportunities for businesses who intelligently leverage that data. There are over a 100 countries and territories that regulate data and personal information in some way, often imposing conflicting obligations on multi-national, internet-based or highly regulated entities. Violations of ever-increasing regulations may result in reputational damage, material fines and litigation, so compliant data privacy, data protection and cyber security practices are a key element of any organisation’s corporate governance.

    EY Law has more than 3,500 legal professionals operating in more than 90 jurisdictions. That means we can deliver data privacy, information protection and cybersecurity advice around the world in an integrated, informed way. Our offerings include advice and support for dealing with:

    • Information governance policies, procedures, audits and legislative compliance
    • Enterprise level digital risk mapping, mitigation and management strategies
    • Data, privacy and cybersecurity challenges, including impact assessments, privacy by design and incident response planning
    • Legal analysis on security breaches, regulatory investigations, customer and employee notification requirements and associated crisis management
    • Operationalizing technical and organisational   measures relating to data processing
    • Enabling frameworks for compliant international data transfers, big data projects and cloud initiatives
    • Researching, mapping and monitoring compliance against established and emerging data and technology relevant regulation
    • Stakeholder education and training programs

  • Technology-Driven Transactions and Innovations

    Intangible assets like intellectual property, data, trade secrets, brands and technology are of increasing strategic importance in a digitally focused, interconnected world. In reaching their full potential, market participants are reliant on being aware of how regulations and other laws may vary across operating environments and territories. Understanding the laws as they apply to your reality is step zero – EY law also helps our clients navigate through operationalizing those laws to thriving in highly regulated environments.

    EY Law has more than 3,500 legal professionals operating in more than 90 jurisdictions. That means EY Law can offer connected and integrated legal specialists, who leverage local and global networks to provide more than just legal advice. So, our clients reap the rewards of experienced, strategic lawyers who live and breathe the constantly changing data, cyber, technology and IP issues that offer the greatest strategic opportunities and challenges to businesses that are anything but usual.

    Our teams operate in complex, novel and innovation-driven environments day-in and day-out – we advise our clients on AI/ML/Neural Networks, AR/VR, quantum technologies, autonomous entities and robots, big data analytics and business intelligence, Fintech and RegTech, connected devices, predictive technologies and IoT, semiconductors and device manufacturing, software, cloud and everything ‘as a service’, HealthTech, life science and AgTech.

    Key areas where we can help include guidance about:

    • Planning, structuring and negotiating technology and data-driven transactions
    • Planning, structuring and negotiating technology and data-driven transactions
    • Development of net new IP rights, including from digital transformations
    • Handling IP/IT as a core asset of digital business models
    • Protecting trade secrets and know-how
    • Advising on strategies for protecting, exploiting and commercialising IP/IT assets, online platforms and marketplaces
    • Developing and interpreting contracts and Ts & Cs, including for cloud, quantum computing, international data transfers, e-commerce, and all forms of ‘as a service’ offerings
    • Licensing, collaboration, R&D, development, partnering, co-creation, joint venture and GTM agreements, including by providing templates and training
    • Strategic outsourcing and other technology services contracts
    • Strategies for enabling regulatory compliant technology solutions and protecting and exploiting the IP that underpins them

     

  • Corporate Deals and Business Transformations

    In implementing corporate deals and transformations, data and technology considerations are part of the tapestry that influences the ultimate value and potential success of the deal. Equally important is how informed and equipped an organisation may be to align people, processes, contracts and policies with broader transformation goals in a legally compliant way.

    EY Law has more than 3,500 legal professionals operating in more than 90 jurisdictions. Our broad and deep experience across myriad industries, sectors and transactions means we bring clear-eyed perspectives into real-world business drivers. We have helped our clients build, operate, dissolve, divest, list and exit locally, regionally, and globally so we are as comfortable with the nuts and bolts as we are in the Board room.

    Our Corporate Deal and Transformations practice prioritises client-centric solutions, focusing on helping organisations with identifying risks and opportunities arising from the data, IP, IT and technology aspects of corporate deals, private transactions, venture investments and other transformative corporate changes.

    Examples of areas where we can help with include: 

    • Exit readiness guidance and actionable insights
    • Structuring, negotiating and executing strategic data and technology-driven corporate transactions
    • Conducting diligence with an eye for detail, while keeping deal drivers, post-acquisition integration and value realization in mind
    • Providing data, privacy, IP/IT due diligence regarding asset ownership, freedom to operate, and compliance with local and international legal regimes
    • Assessing digital risk and negotiating its allocation in key corporate deal documents
    • Distilling complex legal issues and opportunities arising from the procurement, exploitation and investment in data, IP, IT and technology products, services and organisations
    • Use of data within ESG frameworks and considerations
    • Data, IP and IT asset licensing and value allocation in spin offs, joint ventures, transitional services and other agreements that require balancing the interests of multiple stakeholders in those assets
    • Post-transaction data, privacy, IP/IT asset integration and inter-operation advice

  • Online Platforms and Marketplaces

    Digital’s ability to transcend borders to access stakeholder across the global is key to its appeal. However, laws are grounded in a world that is defined with borders, and within them, ever-changing laws concerning data privacy and security, consumers, online trade, global transactions, IP assets, digital currencies and exchanges and so much 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 Law has more than 3,500 legal professionals operating in more than 90 jurisdictions. EY Law’s integrated global legal services are particularly critical as the business, 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 online platform and marketplace business by drafting legal agreements for use online
    • Protect digital intellectual property and content appropriately
    • Facilitate compliance with global data privacy and cybersecurity requirements for a digital business
    • Assist with the contractual agreements required to get the client’s platform off the ground – including software licenses, website design agreements and R&D agreements
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