Best Technology Transactions Lawyers in Hasselt

About Technology Transactions Law in Hasselt, Belgium

Technology transactions cover how businesses and institutions buy, sell, license, build, or collaborate on technology. Typical agreements include software and SaaS licensing, cloud and outsourcing, data processing and data sharing, R and D collaborations, IP assignment and technology transfer, open source compliance, and commercialization of university research. In Hasselt, the ecosystem includes innovative companies at Corda Campus, research from Hasselt University, and a strong SME base in Limburg, which means many deals are cross border within the EU and beyond and need careful alignment with Belgian and EU rules.

Belgium blends federal, regional, and EU rules. Many technology agreements must meet EU wide standards on data, consumer protection, and competition while also satisfying specific Belgian requirements on intellectual property, contract formalities, language, and court competence. Getting these points right at the start of a project prevents disputes and reduces compliance risk.

Why You May Need a Lawyer

You may need a lawyer when negotiating software or SaaS licenses, structuring cloud or outsourcing contracts, or setting up reseller, distribution, or marketplace arrangements. Legal counsel helps define scope of use, service levels, uptime and support, security and audit rights, data ownership and portability, termination rights, and liability caps that fit your risk profile and sector standards.

If you process personal data, a lawyer can draft a compliant data processing agreement, advise on international data transfers, and align your privacy notices and cookies with Belgian enforcement practices. For collaborations with universities or R and D partners, you will need clear rules on background IP, foreground IP, publication, confidentiality, and access rights to avoid later disputes.

Startups and scaleups benefit from guidance on open source obligations, investor due diligence readiness, and clean chain of title to code and data. Established companies often need support with public procurement, regulated sector outsourcing, competition law in vertical arrangements, and export control for encryption or dual use items.

When something goes wrong, counsel can help resolve disputes quickly through negotiation, mediation, arbitration, or litigation before the Enterprise Court in Limburg, and make sure evidence and trade secrets are protected throughout.

Local Laws Overview

Intellectual property. The Belgian Code of Economic Law contains core IP rules. Software is protected by copyright. Economic rights in software created by an employee in the execution of duties generally vest in the employer unless the contract provides otherwise. For other inventions, the inventor is the initial rights holder, so employment or contractor agreements should include clear assignment clauses. Assignments of patents, trademarks, and designs require written instruments and should be recorded with the competent offices to be effective against third parties. Copyright transfers and licenses must be in writing and are interpreted restrictively, so scope, territory, media, and duration should be specified.

Benelux and EU IP filings. Trademarks and designs for Belgium are handled at the Benelux Office for Intellectual Property. EU wide rights are handled at EUIPO. Patents are managed by the Belgian Office for Intellectual Property within the Federal Public Service Economy and by the European Patent Office for European patents. Domain names ending in .be are managed by DNS Belgium.

Trade secrets. Belgium has statutory protection for trade secrets based on the EU directive. Contracts should include confidentiality definitions, access controls, and post termination obligations to maintain protection.

Data protection and privacy. GDPR applies, with oversight by the Belgian Data Protection Authority. Controllers and processors must have Article 28 data processing agreements, maintain records, apply security measures, and notify data breaches without undue delay and within 72 hours where required. International data transfers outside the EEA need appropriate safeguards such as standard contractual clauses with transfer risk assessments. Cookies and similar technologies require consent unless strictly necessary, under Belgian rules implementing the ePrivacy framework.

Cybersecurity and critical services. EU NIS rules apply to certain essential and important entities. Contractual clauses on security standards, audit, incident reporting, business continuity, and subcontracting should align with sector guidance. Many buyers expect compliance with ISO 27001 or similar frameworks.

Consumer protection and digital content. EU rules on digital content and digital services are implemented in Belgium. Traders that supply digital content or services to consumers must ensure conformity, provide security and feature updates, and honor statutory remedies. Terms must be clear and not unfair. There is also a B2B unfair terms regime that can invalidate clauses creating a significant imbalance, so liability and indemnity provisions should be carefully drafted.

Electronic contracting and signatures. The EU eIDAS Regulation gives qualified electronic signatures legal equivalence to handwritten signatures. Belgian practice accepts advanced and qualified electronic signatures. Keep a clear audit trail and signing policy for enforceability.

Competition and vertical agreements. Belgian and EU competition law restricts certain exclusivity, non compete, and pricing provisions. Technology distribution, platform parity, and marketplace terms should be reviewed under the current EU vertical block exemption and guidance.

Public procurement. When selling technology to public bodies, the Belgian Public Procurement Law and Royal Decrees impose tender rules, eligibility requirements, and performance obligations. Check intellectual property, security, and exit obligations in special conditions.

Financial and other regulated sectors. Belgian and EU supervisory guidance regulates outsourcing and cloud use by banks, insurers, and payment institutions. Expect requirements on concentration risk, location of data, access and audit rights, and notification to supervisors such as the National Bank of Belgium and the Financial Services and Markets Authority.

Export control and sanctions. EU dual use rules can apply to encryption, certain software, and technical assistance. In Flanders, export licensing is handled by the regional export control unit. Sanctions screening should be part of compliance in international deals.

Language and formalities in Flanders. Hasselt is in the Dutch speaking region. Employment documents and certain HR related IP assignments must be in Dutch. Commercial B2B contracts may be in English, but filings with authorities and corporate documents must follow local language rules. Consumer facing information should be understandable to the target audience, which in Flanders typically means Dutch.

Dispute resolution and courts. Technology disputes often use mediation or arbitration. CEPANI is a common arbitral institution in Belgium. If litigated, the Enterprise Court of Limburg has a division in Hasselt. Parties may choose governing law and forum under Rome I and Brussels I rules, subject to mandatory protections for consumers and employees.

Frequently Asked Questions

What types of contracts are common in technology transactions in Hasselt

Common agreements include software and SaaS licenses, service level agreements, data processing agreements, professional services and implementation agreements, escrow, reseller and distribution contracts, joint development and consortium agreements, IP assignment and licensing, maintenance and support, and confidentiality agreements.

Who owns software created by my employees in Belgium

As a general rule for software, the employer acquires the economic rights in code created by an employee in the execution of duties. For inventions and other works, ownership does not always transfer automatically, so employment and contractor contracts should include clear and specific IP assignment and waiver clauses to avoid gaps.

Do I need a data processing agreement with my SaaS or cloud provider

Yes if personal data is processed. GDPR requires a written data processing agreement that sets processing instructions, confidentiality, security, sub processing controls, assistance with data subject rights, deletion or return of data, and audit rights. International transfers also require additional safeguards.

Can I transfer personal data outside the EEA

Yes, but only with appropriate safeguards. Common tools are standard contractual clauses with a transfer risk assessment and additional technical and organizational measures. Some destinations may benefit from an EU adequacy decision. Belgian enforcement expects a documented and risk based approach.

Are liability caps and exclusions enforceable under Belgian law

Reasonable caps are generally enforceable in B2B contracts. Clauses that exclude liability for willful misconduct are invalid, and exclusions for gross negligence may be limited by case law. In consumer contracts, unfair terms are prohibited. Draft proportionate caps, carve outs for core risks, and insurance aligned obligations.

How do open source licenses affect my product

Open source licenses impose obligations such as attribution, license notices, disclosure of source code for copyleft components, and license compatibility. A compliance program with a bill of materials, approvals for dependencies, and procedures for notices and source code offers helps avoid breaches that can affect your distribution rights and valuation.

What should a good service level agreement include

Clear service descriptions, uptime and performance targets, measurement methods and exclusions, support tiers and response times, maintenance windows, credits and remedies, security and incident reporting, data backup and portability, change control, and exit assistance. Align SLAs with your business criticality and regulatory obligations.

Can my terms be in English if I operate in Hasselt

B2B commercial contracts can be in English. Employment documents and certain HR related addenda must be in Dutch in Flanders. Consumer facing information should be clear to the consumer, which often means Dutch for a Flemish audience. Corporate filings and official documents follow local language rules.

How are university collaborations handled in Hasselt

Hasselt University has a technology transfer office that manages research contracts, IP, and spin off creation. Collaboration agreements should address background IP, ownership or licensing of results, publication procedures, confidentiality, use of data and materials, and revenue sharing. Public funding may impose additional conditions.

What is software escrow and do Belgian customers expect it

Software escrow places source code with a neutral agent to be released on defined triggers such as insolvency or failure to support. It is common in on premises and heavily customized solutions for business continuity. Modern SaaS alternatives include replicated environments, detailed exit plans, and data portability commitments.

Additional Resources

Belgian Data Protection Authority. National regulator for GDPR compliance, breach notifications, and guidance.

Federal Public Service Economy and the Belgian Office for Intellectual Property. Information on patents, copyright, and general market practices.

Benelux Office for Intellectual Property. Benelux trademarks and designs registration and recordals.

DNS Belgium. Management of .be domain names and related dispute procedures.

Enterprise Court of Limburg, Hasselt division. Competent court for many business disputes including technology matters.

CEPANI. Belgian center for arbitration and mediation, often used in technology and IP disputes.

National Bank of Belgium and Financial Services and Markets Authority. Supervisory bodies with outsourcing and ICT risk guidance for financial institutions.

Flemish export control unit. Competent authority for dual use export licenses in Flanders.

Hasselt University Technology Transfer Office. Support for research contracts, IP management, and spin offs.

VLAIO Flanders Innovation and Entrepreneurship. Programs and guidance for innovation projects and collaboration in Flanders.

Corda Campus and LRM in Limburg. Regional innovation hubs and investment support for technology companies.

Agoria and Beltug. Industry associations offering ICT policy updates and best practices.

Next Steps

Map your needs. List the technology, data flows, users, and jurisdictions involved. Identify whether you sell to consumers, businesses, or the public sector, and whether any sectoral rules apply.

Assemble key documents. Gather drafts or current versions of your contracts, privacy notices, security policies, and any third party licenses. Identify gaps such as missing data processing agreements or outdated terms.

Prioritize risks. Focus on IP ownership and licensing scope, data protection and international transfers, liability and insurance alignment, service levels and exit, and compliance with language and consumer rules in Flanders.

Consult a lawyer. Choose counsel with Belgian and EU technology transactions experience, familiarity with the Limburg market, and the ability to negotiate practical solutions with counterparties. Ask for a scoping call to set objectives and timelines.

Implement and train. After signing, operationalize your obligations. Align product and engineering on license scope and open source compliance, inform security and IT about audit and incident duties, and train sales and customer success on contract promises and change control.

Review regularly. Revisit contracts and policies when you enter new markets, change providers, launch new features, or face new regulatory guidance. Periodic audits and tabletop exercises help you stay compliant and resilient.