Tech and data law

Tech-savvy – Legally sound | Technology and data lie at the core of today’s business and innovation, in an increasingly complex legal and regulatory landscape shaped by the GDPR, the AI Act, NIS2, DORA, MiCAR, the Cyber Resilience Act, and other rapidly evolving (EU) digital regulations.

As an integrated full-service, tech-savvy business law firm, Simont Braun supports organisations in addressing the Belgian and European legal challenges arising from digital transformation. Our Tech & Data team provides clear, practical, and actionable guidance to help clients navigate these challenges with confidence and minimise regulatory risk in a constantly evolving environment.

Our team assists clients at all stages of their development, from startups to multinational groups, across a broad range of matters, ranging from compliance to dispute resolution. We notably advise on product and service development, risk management, and strategic decision-making, supporting innovation while ensuring full compliance with applicable legal and regulatory requirements.

Our areas of expertise include data processing and protection (personal and non-personal data), artificial intelligence, cybersecurity, IT contracts, e-signature and e-identification, as well as fintech and blockchain technologies.

Our Expertise

Data Protection & GDPR

We advise on EU and Belgian data protection law, including:

  • GDPR compliance assessments and audits
  • Records of processing, privacy and cookies policies
  • Drafting and negotiating data processing agreements
  • Data breach management and interactions with supervisory authorities
  • IP and trade secret protection for datasets
  • Compliance with the Data Act, FAIR principles and Horizon Europe requirements
  • Assistance with regulatory investigations and disputes

 

The way and the purpose for which data is accessed, processed, shared and protected is key to every organisation, whether it is considered personal or non‑personal data.

Artificial Intelligence

We guide organisations through the AI Act requirements and Belgian implementation, including for:

  • Legal assessment for AI‑driven processing (including profiling and automated decision-making)
  • AI governance frameworks and internal policies
  • Liability and sector‑specific (g., healthcare, finance, HR tech) obligations

 

Cybersecurity

We have extensive experience advising on NIS2, DORA, the Cyber Resilience Act and the associated Belgian requirements, including:

  • Compliance assessments and gap analyses
  • Cybersecurity clauses in cloud, SaaS and outsourcing contracts
  • Incident response coordination
  • Security governance policies
  • Cyber insurance coverage reviews
  • Regulatory notification support
  • Support with cybersecurity‑related investigations and disputes

 

Tech Contracts

We regularly assist clients in drafting, negotiating and enforcing:

  • Software development & maintenance agreements
  • SaaS agreements
  • Hosting, outsourcing and support agreements
  • Service level agreements (SLAs)
  • Escrow agreements for codes (when relevant, or negotiations to avoid them)

 

No matter which side of the table you are on, our team ensures your contracts align with your business goals, mitigate legal risk, and support long-term innovation.

FinTech & Digital Finance

Simont Braun is a market leader in connected tech-related sectors such as FinTech. We support financial institutions and digital platforms active in Belgium and the EU on all financial services & regulatory matters including:

  • Licensing and regulatory filings
  • AML/CTF compliance
  • Structuring payment, e-money and RegTech solutions
  • Review of digital financial products and related documentation

 

Blockchain & DLT

We advise on MiCAR and EU and Belgian crypto‑asset rules, for clients active locally and abroad:

  • MiCAR compliance and CASP obligations
  • Legal qualification of crypto‑assets
  • Terms of use, custody frameworks & access rights policies
  • Liability in decentralised environments
  • Governance and cybersecurity for blockchain infrastructures

 

E-Identification and E-Signature

We have significant experience in e-identification and e-signature processes, including licensing and certification, and have advised clients on the following:

  • Compliance assessment of e-identification processes
  • Licensing of e-identification means
  • Certification as a (qualified) trust service provider
  • Legal advice on trust services

 

Our Approach

A transversal practice within an integrated full-service firm

Our Tech & Data team works transversally with tech-savvy experts across the firm, including, among others IP, financial services, corporate and dispute resolution lawyers, to provide coordinated, practical and business‑focused support on tech and data matters from experts in their fields.

Proactive regulatory monitoring

We closely follow developments in the tech & data legal landscape (including the GDPR, the AI Act, MiCAR, NIS2, DORA, the Cyber Resilience Act, at both EU and at Belgian levels) to help clients anticipate risks and adapt to regulatory change.

Clear, actionable and implementation ready advice

We translate complex requirements into practical deliverables: contracts, policies, impact assessments, governance frameworks, filings and incident documentation.

End-to-end support for the digital lifecycle

From concept to rollout, from compliance to investigation or dispute, we assist organisations at every stage of their digital transformation.

Lawyers

Joan Carette
Joan
Carette
Managing Partner
Emmanuel Cornu
Emmanuel
Cornu
Partner
Eric De Gryse
Eric
De Gryse
Partner
Philippe De Prez
Philippe
De Prez
Partner
Michaël De Vroey
Michaël
De Vroey
Partner
MaĂŻka Bernaerts
MaĂŻka
Bernaerts
Counsel
Fernand de Visscher
Fernand
de Visscher
Of Counsel
Arnaud Bouten
Arnaud
Bouten
Associate
PRIVACY PREFERENCE CENTER
Simont Braun

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