Practices

Technology and Innovation

Our expertise:

The pace of change in industry today, the need for continuous innovation and the ubiquitous use of technology in business pose continuous challenges and opportunities for organisations. The work of the Group is focused on providing legal solutions that meet these challenges including advising clients on information technology contracts, outsourcing, data protection issues and general internet and e-commerce advice.

Key areas:

McCann FitzGerald’s Technology and Innovation Group offers comprehensive advice on the full range of technology and innovation matters including:

• Information technology projects and contracts: we have leading expertise in the drafting and negotiation of technology supply and implementation agreements, including agreements which focus on key performance indicators and the business transformational impact of the implementation and use of new technology. We also advise on software development and supply agreements, software licences, IT services agreements and Software Support agreements
• Privacy and data protection: we advise on all aspects of compliance with data protection obligations including cyber security. This includes advising on access requests, data protection notices and policies and international data transfers. Our team has leading expertise and is fully appraised of all developments, keeps up-to-date on likely future regulatory developments and can prepare clients accordingly. We are heavily involved in assisting clients in the private and public sector in preparing for the new EU General Data Protection Regulation
• Cyber-security: we help organisations to develop and implement strategies to deal with the full range of legal and regulatory risks associated with this dynamic area
• Outsourcing: we have extensive experience of outsourcing and advised on one of the largest IT outsourcing projects in the market in recent months. In addition to outsourcing within the IT area, we also have experience of the outsourcing of other services in both the public and private sectors as well as advising clients on regulatory requirements where the recipient of the outsourced services is a financial institution or insurance company
• Digital commerce/ social media: we assist our clients in preparing user terms and conditions, online sale terms and conditions, website privacy statements and social media policies
• Intellectual property (strategy, protection and enforcement): we advise our clients on intellectual property ownership, exploitation and licencing issues including strategies for protecting patents, trademarks and trade secrets

Key highlights include advising:   

• Hostelworld, the world’s number one hostel booking website headquartered in Ireland, on a range of matters including partner, affiliate and customer contracts, website terms and conditions, electronic privacy and data protection matters including international data transfers, e-mail marketing, record retention, cookies (including the appropriate inclusion of notices and consents in privacy statements in respect of cookies) and user generated content
• CarTrawler, the world’s biggest online car rental platform on its exclusive white label IT agreement with Ryanair to facilitate its on-line car hire facility and on the IT, IP and data protection elements of its acquisition of the Holiday Autos business of Lastminute.com
• Ervia and Irish Water on IT and outsourcing agreements, including a contract for the procurement of an insurance management system, pre-payment metering, mobile survey apps and data centre hosting agreements. We also advise on data protection compliance, notices and policies, data security issues and subject access requests
• Transport Infrastructure Ireland on a significant IT and Tolling as a Service Outsourcing Agreement in relation to open road tolling on the M50
• Hawthorn Life on a significant IT and back office outsourcing deal with IFDS Percana, including dealing with IP ownership and licensing issues, international data transfers and compliance with the Central Bank of Ireland guidelines on outsourcing (outsourcing by regulated entities)
• Microsoft on the Irish elements of its case in the United States under which a US Judge had initially ordered the disclosure of personal data hosted in Ireland
• SMBC Aviation Capital on a large scale technology project involving the replacement of SMBCAC's IT infrastructure with an entirely new IT infrastructure solution
• US Department of Justice in its participation as an amicus curiae in landmark data protection proceedings brought in the Irish Commercial Court by the Irish Data Protection Commissioner with a view to having questions regarding the validity of the ‘Standard Contractual Clauses’ decisions of the European Commission referred to the Court of Justice of the European Union