Best Technology Transactions Lawyers in Kalundborg

About Technology Transactions Law in Kalundborg, Denmark

Technology transactions in Kalundborg cover the creation, acquisition, licensing, and commercialization of technology and intellectual property. This includes software and SaaS agreements, cloud and data processing deals, R and D collaborations, university and industry tech transfer, IP licensing and assignment, joint ventures, manufacturing tech scale-up, and confidentiality and data sharing arrangements. Kalundborg is a leading Danish hub for life sciences, industrial biotechnology, advanced manufacturing, and circular economy solutions. Companies here often engage in cross-licensing of process know-how, collaboration with universities and research institutions, supply of digital services to industrial partners, and participation in public grants and public procurement. Danish and EU law provide a stable, innovation-friendly framework, but arrangements must be carefully tailored to sector rules, data protection, competition law, and export control requirements.

Why You May Need a Lawyer

You may need legal support when negotiating or drafting software, SaaS, cloud, or platform agreements to ensure service levels, security obligations, data use rights, and liability allocations are enforceable and aligned with GDPR. If you are licensing patents, trade secrets, or process know-how used in biotech or advanced manufacturing, counsel can structure royalty models, territorial restrictions, and improvements clauses that comply with EU competition rules. In joint development with a university or a strategic partner, a lawyer helps allocate background and foreground IP, manage publication rights, set milestone gates, and address ownership of data and regulatory filings.

Legal advice is also important if you are handling personal data or industrial data across borders, using AI tools and models, integrating open source components, or entering public procurement with the municipality or regional entities. For scale-up or tech transfers into or out of Kalundborg facilities, you may need guidance on tech escrow, tech assistance, training obligations, audit rights, and compliance with environmental and export control regimes. During investment, M and A, or spin-out transactions, a lawyer conducts IP and data diligence, cures gaps in chain of title, and updates license and collaboration terms. If a dispute arises about infringement, confidentiality, non-compete, or service performance, counsel can position you for negotiation, mediation, arbitration, or court proceedings.

Local Laws Overview

Contracts and formation. Danish contracts are governed primarily by the Danish Contracts Act. Standard provisions in technology transactions include scope of license, ownership and assignment, confidentiality and trade secrets, data use and data protection, service level and security, warranties, indemnities, limitation of liability, change control, audit, termination, transition, and dispute resolution. Danish law favors freedom of contract, subject to mandatory law including consumer, employment, competition, data, and export control rules.

Intellectual property. Relevant statutes include the Danish Copyright Act, Patent Act, Trademark Act, and Designs Act. Software is protected by copyright. Patentable inventions and utility solutions may be licensed or assigned, and improvements clauses require careful drafting. Trade secrets are protected under the Danish Trade Secrets Act implementing the EU Trade Secrets Directive, which requires reasonable steps to keep information secret. Consider NDA, access controls, and clean room protocols.

Employee and researcher inventions. The Act on Employee Inventions regulates rights and compensation for patentable employee inventions. For software and other works created by employees, economic rights often vest in the employer to the extent necessary for the employment, but express written assignment is best practice. Inventions at public research institutions are governed by specific Danish rules that allow institutions to claim rights subject to disclosure and compensation frameworks, which must be reflected in collaboration and license agreements.

Data protection and cybersecurity. GDPR and the Danish Data Protection Act apply to personal data. Controllers must ensure lawful basis, purpose limitation, data minimization, and appropriate technical and organizational measures. Cross-border transfers outside the EEA require adequacy, standard contractual clauses, or another valid transfer mechanism, plus transfer risk assessments. Cloud and SaaS deals need a GDPR-compliant data processing agreement and clear instructions, subprocessors approval, audit rights, and incident notification terms. Sector guidance may apply to health data and research data.

Competition and licensing. EU and Danish competition law prohibit anti-competitive agreements. The EU Technology Transfer Block Exemption Regulation and its guidelines provide a safe harbor for certain bilateral license terms when market share thresholds and other conditions are met. Pay attention to exclusivity, territorial and customer restrictions, grant-backs, no-challenge clauses, and MFN provisions. Non-compete and exclusivity in services must be proportionate and time limited.

Consumer and e-commerce. If selling to consumers, the Danish Consumer Contracts Act, E-commerce Act, and Marketing Practices Act impose transparency, withdrawal rights, unfair terms controls, and marketing standards. In B2B settings, these rules are less prescriptive but misleading marketing and unlawful use of competitors trade secrets remain prohibited.

Export controls and sanctions. EU Dual-Use Regulation 2021-821 and Danish measures govern exports of dual-use items, including certain biotech equipment, encryption and cybersecurity software, and technical assistance or know-how. Licenses may be required for cross-border transfers, remote access, or training of foreign persons. EU and Danish sanctions can restrict dealings with specific countries or parties. The Danish Business Authority administers licensing and guidance.

Tax and VAT. Denmark applies 25 percent VAT on most software and digital services. For cross-border B2B supplies, place-of-supply and reverse charge rules may apply. Royalties paid to non-residents are generally subject to Danish withholding tax, often reduced or eliminated by double tax treaties or the EU Interest and Royalties Directive when conditions are met. Structure royalty definitions and payment flows carefully and obtain tax advice early.

Public procurement and grants. The Danish Procurement Act implements EU procurement directives. If you supply technology or cloud services to public bodies, expect strict rules on selection, award, security, and data location, and be ready for contract templates with specific liability and termination regimes. EU and Danish R and D grants, such as Horizon Europe and national innovation programs, include mandatory IP and dissemination clauses that must be aligned with your collaboration and license stack.

Signatures, records, and disputes. Electronic signatures are recognized under eIDAS, and advanced or qualified signatures are widely used through Danish digital identity solutions. IP and complex commercial disputes are often handled by the Maritime and Commercial High Court in Copenhagen. Parties frequently choose arbitration under the Danish Institute of Arbitration for confidentiality and expertise. The Danish Limitation Act sets a general 3-year limitation period from knowledge or when you should have known of the claim, subject to absolute long-stop periods and contractually agreed variations within legal limits.

Frequently Asked Questions

What is a technology license or technology transfer agreement

It is a contract that grants rights to use specific IP or know-how, such as software, patents, or manufacturing processes. It defines scope, territory, exclusivity, permitted users, customization, support, royalties, audit, confidentiality, and termination. In Kalundborg, licenses often cover process and scale-up know-how for biotech and advanced manufacturing, combined with technical assistance and training.

Should my agreement be governed by Danish law if I operate in Kalundborg

Often yes. Danish law is predictable, business friendly, and compatible with EU rules. If performance or assets are in Denmark, Danish law and courts or Danish-seated arbitration simplify enforcement. For purely international deals, parties sometimes choose English law or ICC arbitration, but local operations, compliance, and enforcement considerations can favor Danish law.

How should we allocate IP from a joint development project

Define background IP, foreground IP, and improvements. Common models are each party owns its own background, foreground is owned by the creator with cross-licenses, or joint ownership with detailed exploitation rules. In Denmark, joint ownership without clear rules can cause friction, so include grant-back licenses, publication review periods for academic partners, and buy-out or option mechanisms.

Do I need a data processing agreement for cloud or SaaS services

Yes, if the provider processes personal data on your behalf. A GDPR-compliant DPA must set subject matter, duration, nature and purpose, data types, security, subprocessor approvals, assistance duties, and audit rights. If data leaves the EEA, include transfer mechanisms such as standard contractual clauses and conduct transfer risk assessments.

Can I use electronic signatures for technology contracts in Denmark

Yes. Electronic signatures are valid under eIDAS. For high value or regulated contracts, use advanced or qualified electronic signatures. Keep robust electronic records of consent and execution, and align signature method with any internal or grant funding requirements.

What limitation of liability is typical in Danish technology contracts

Parties commonly exclude indirect or consequential loss and cap liability at 12 to 24 months of fees, with carve-outs for IP infringement, confidentiality breaches, data protection violations, and wilful misconduct or gross negligence. Consumer and public sector contracts may require different allocations.

How does VAT apply to software and SaaS

Denmark applies 25 percent VAT to most digital supplies. For B2B cross-border services within the EU, the reverse charge often applies, so no Danish VAT is charged and the customer accounts for VAT. For B2C services, special place-of-supply rules apply. Confirm registration and invoicing requirements before signing.

What are the rules on open source in commercial products

Open source licenses are enforceable in Denmark. You must comply with license obligations, which may include attribution, providing source code for derivative works under copyleft licenses, and notices. Maintain a software bill of materials, implement approval workflows, and include third party notices in your product and agreements.

When do export controls affect my software or biotech process

EU dual-use rules can cover strong encryption, intrusion software, certain chemical or biological equipment, and technical assistance such as remote access to controlled know-how. A license may be required for exports or deemed exports such as providing access to non-EU persons. Screen counterparties and destinations, and consult the Danish Business Authority for classifications and licenses.

Who owns employee inventions and software created at work

Under the Act on Employee Inventions, employers can claim rights to patentable employee inventions in exchange for fair compensation. For software and other works, employers typically obtain the economic rights necessary for the job, but explicit assignment and IP policies are strongly recommended. Always address moral rights and the right to be credited where applicable.

Additional Resources

Danish Patent and Trademark Office. National authority for patents, trademarks, designs, and guidance on IP protection, licensing, and searches.

Danish Data Protection Agency. Supervisory authority offering guidance on GDPR compliance, data processing agreements, and data breach notification.

Danish Business Authority. Company registration, digital services, export control classifications and licenses, and guidance on sanctions compliance.

Danish Competition and Consumer Authority. Guidance on competition law for distribution and technology licensing, and on consumer protection requirements.

Danish Institute of Arbitration. Independent institution for arbitration and mediation of complex commercial and IP disputes.

Innovation Fund Denmark. Public funding for research, development, and commercialisation, with model terms about IP and collaboration.

Agency for Digital Government. Guidance on secure digital solutions, eIDAS, and public sector cloud requirements.

Kalundborg Municipality. Local authority for planning, permits, and public procurement processes relevant to technology projects.

Kalundborg Symbiosis and Knowledge Hub Zealand. Regional networks that facilitate industry collaboration, R and D partnerships, and skills development.

Erhvervshus Sjælland. Regional business hub offering advisory services to companies on growth, export, and innovation.

Next Steps

Clarify your objectives. Define the business model, the technology or data being shared, the markets, and the regulatory footprint. Identify whether you need a license, an assignment, a services agreement, or a collaboration structure.

Map the assets. List all IP and data involved, including patents, software, databases, trade secrets, and regulatory dossiers. Verify ownership, registrations, third party dependencies, and open source components.

Assess compliance. Determine whether GDPR, sector rules, export controls, or public procurement requirements apply. Decide on data locations, transfer mechanisms, and security certifications. Prepare a data protection impact assessment if needed.

Prepare a term sheet. Capture scope, exclusivity, service levels, milestones, pricing and royalties, improvements, IP ownership, confidentiality, data rights, liability, and exit. Early alignment saves time and cost later.

Select local counsel. Look for a Danish technology transactions lawyer with sector experience in life sciences, industrial technology, or digital services, and familiarity with collaboration in the Kalundborg ecosystem. Ask about approach, timelines, and fee models such as fixed fee for templates or capped fees for negotiations.

Gather documentation. Provide prior contracts, grant terms, privacy notices, security policies, IP filings, technical descriptions, and any procurement or partner templates. Clear documentation accelerates drafting and negotiation.

Plan execution and governance. Decide signature method, implementation plan, acceptance criteria, training and tech transfer steps, and post-signing governance such as steering committees, KPIs, and audit cadence.

Monitor and adjust. Track compliance, milestones, and changes in law or technology. Use change control procedures to update scope or terms, and document know-how transfers and improvements.

If a dispute arises, review escalation and dispute resolution clauses, preserve evidence, and seek early legal advice to position for negotiation, mediation, arbitration, or court proceedings as appropriate.

This guide is for general information only. For advice on your specific situation in Kalundborg, consult a qualified Danish technology transactions lawyer.