Legal & Tax

Data, Tech & Commercial

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Navigating the legal landscape of a digital world

Our Data, Tech & Commercial practice brings together a multidisciplinary team of lawyers with deep expertise across data, technology, intellectual property and commercial law. We advise businesses of all sizes — from innovative start-ups to established multinationals — on the full spectrum of legal and regulatory challenges shaping today’s digital economy.

Whether you are launching a new product, structuring a complex transaction, managing a dispute or simply seeking to ensure your business operates in full compliance, our team delivers clear, practical and commercially focused advice tailored to your needs.

What we do

In an era of increasing regulatory scrutiny, we help clients navigate the evolving data protection landscape with confidence. Our team advises on compliance frameworks, data transfers and breach response, ensuring your business stays ahead of regulatory requirements.

Our data expertise:

  • Privacy and data protection, including GDPR and national legislation
  • Data processing agreements, accountability documents and governance frameworks
  • Cross-border data transfers
  • Data breaches
  • Data-related aspects of M&A transactions

Cyber threats and digital operational resilience have become defining concerns for businesses and regulators alike. Our team advises clients on all facets of the legal and regulatory regime for cybersecurity, with particular expertise in the Digital Operational Resilience Act (DORA) and its implications for financial entities and their ICT service providers.

Our cybersecurity, DORA and NIS 2 expertise:

  • DORA compliance for financial entities and critical ICT third-party service providers
  • ICT risk management frameworks and governance requirements
  • Incident classification, reporting obligations and response planning
  • Third-party ICT risk and contractual requirements under DORA
  • NIS 2 Directive compliance and national cybersecurity legislation
  • Cybersecurity clauses and risk allocation in commercial and outsourcing agreements
  • Regulatory investigations and enforcement proceedings relating to cyber incidents
  • Crisis management and legal support during and in the aftermath of cyber incidents

From software development to e-commerce, we advise on the legal aspects of doing business in a digital environment. Our team understands both the technology and the commercial realities, enabling us to provide advice that is both legally sound and actionable in practice.

Our technology and digital commerce expertise:

  • Software licensing and development agreements
  • IT outsourcing, transactions and dispute resolution
  • E-commerce and distance contracts
  • Digital transformation projects
  • E-signature and e-archiving
  • IT and commercial aspects of M&A transactions

AI is transforming industries and creating a rapidly evolving legal environment. Our team advises clients on the legal, regulatory and ethical dimensions of developing, deploying and procuring AI-powered solutions, helping them innovate responsibly and with confidence.

Our AI expertise:

  • Compliance with the EU AI Act and emerging national AI regulations
  • AI governance frameworks and internal policies
  • Intellectual property issues arising from AI-generated content and training data
  • Data protection and privacy considerations in AI systems
  • Contractual frameworks for AI development, licensing and deployment
  • Liability and risk allocation in AI-related agreements
  • AI aspects of M&A transactions

Sound commercial agreements are the foundation of every successful business relationship. Our commercial lawyers assist clients in structuring, drafting and negotiating a wide range of contracts, providing practical advice that balances legal rigour with business pragmatism. We act for clients across all industries and provide support at every stage of the contractual lifecycle, from initial negotiation through to dispute resolution.

Our commercial expertise:

  • Drafting and negotiating commercial contracts of all kinds
  • Framework agreements, master service agreements and general terms and conditions
  • Supply chain and procurement agreements
  • Distribution, agency and reseller arrangements
  • Business licences
  • Contract management, variation and termination
  • Contractual pre-litigation advice and disputes
  • Unfair contract terms and consumer-facing documentation

We help clients protect, commercialise and enforce their most valuable intangible assets. Our intellectual property lawyers have extensive experience managing large-scale projects, from advising on building and negotiating contractual frameworks for commercial ventures, to providing targeted ad hoc support and single contract reviews.

Our IP expertise:

  • Trademarks, patents, designs, copyrights and domain names
  • Franchising, licensing and distribution agreements
  • Broadcasting and digital distribution
  • Dispute resolution across all IP rights matters
  • IP aspects of M&A transactions

We support businesses in managing the legal risks that arise from their relationships with consumers and from the products they place on the market.

Our expertise:

  • Consumer law and unfair commercial practices
  • Unfair competition
  • Product regulation and liability, including in regulated sectors such as pharmaceuticals and foodstuffs
  • Dispute resolution in product-related matters

Recognitions & testimonials

Drawing upon ‘highly extensive legal know-how’ but also able to frame advice in a ‘solutions-oriented’ manner, Arendt & Medernach is a popular choice across a range of IP and IT-related mandates, including large-scale digitalisation projects for financial services entities. Data protection is a particular area of strength, with clients benefiting not only from the group’s core legal expertise in the area but also its ability to provide a multi-disciplinary approach, should the need arise – often working alongside litigators and forensics experts, as well as the firm’s in-house regulatory and consulting arm.

Client testimonial collected by
Legal 500

Arendt & Medernach provide a good service. They are helpful at hitting deadlines and providing all the necessary information.

Client testimonial collected by
Chambers and Partners

Arendt & Medernach have consistently demonstrated a high level of expertise and professionalism in addressing intricate legal issues.

Client testimonial collected by
Chambers and Partners

Arendt & Medernach has been named in the WTR 1000 – the World’s Leading Trademark Professionals – a unique guide that identifies the top trademark professionals in key jurisdictions around the globe. Individuals qualify for inclusion in the WTR 1000 upon receiving considerable positive feedback from market sources with knowledge of their practice and the market in which they operate.

Our Partner Astrid Wagner, head of the Data, Tech & Commercial team, is listed as a recommended expert by the WTR 1000. With her team, Astrid handles the full range of Luxembourg legal activities and services related to crucial topics of today, such as cybersecurity and data protection, ICT contracting, artificial intelligence, data management and IP protection, as well as other challenges brought by new technologies.

The editors commented that: “Astrid Wagner, has broad horizons and is a leading expert in Luxembourg in the areas of data privacy, consumer protection, e-commerce, technology, media and telecommunications, and intellectual property. She has an outstanding ability to manage significant projects which involve the intersection of multiple sectors within these areas, and is highly valued by her clients for her ability to give diversified assistance. She is the top IP mind at Arendt & Medernach.”

Experts

Astrid Wagner

Partner

Sophie Calmes

Senior Associate

Julien Pétré

Senior Associate