The law firm EdmarLaw primarily assists IT companies and technology intensive businesses, and has 20 years of experience in IT Law, Contract Law, Intellectual Property Law and E-commerce.

IT-law

EdmarLaw has 20 years of experience from reviewing, analyzing, drafting and negotiating most of the types of agreements in the field of IT. EdmarLaw has extensive experience of legal counseling regarding procurement of and implementation of IT systems, licensing of both embedded software (internet of things) and software, know-how and patent, as well as dealing with all aspects of online services, cloud services, e-commerce and the processing of personal data. A number of the clients of EdmarLaw are North American or European businesses, which means that EdmarLaw provides extensive services in English.

Typical assignments:

  • Licenses
  • System Delivery
  • Outsourcing
  • Joint Development
  • Online Services (SaaS, cloud services etc)
  • E-commerce
  • Maintenance
  • Copyright and other intellectual property rights
  • Processing of Personal Data
  • Domain Names
  • Trademark Rights

Malin Edmar has worked at the headquarters of Microsoft Corporation in Redmond for four years. This experience not only gave her a passion for new technology but also a very good understanding of the IT industry. She knows the typical product cycles of IT companies and understands their terminology – to quickly grasp the operations of clients therefore comes naturally.

EdmarLaw also has a well-established network of lawyers throughout the world, thanks to engagements in international networks, international services and many international clients. EdmarLaw is therefore able to efficiently guide and assist in matters concerning several jurisdictions and business areas.

Contract Law

Except for a few exceptions, there are no formal requirements regarding the formation of a contract in Sweden, which means that a contract can be made in any way, shape or form, including verbally. There is no hindrance to electronic agreements either, as long as you can identify and verify the counter party in a reliable way; you must be able to prove the validity of the agreement.

Regardless of whether you are a purchaser or supplier, the agreement is key to a successful business together. To try to recapture what the parties intentions were at the time of entering into the agreement once a project has failed, is extremely difficult for both parties and increases the risk of a dispute immensely. In the very majority of cases, the parties are almost touchingly in agreement, eager to get on board with the project. Both parties seem to know and be in agreement about what is being purchased and what is being delivered. To negotiate an agreement including all aspects of the project therefore may seem unnecessary. But the agreement is not for when projects succeed – it is for the scenario when things start going wrong, getting delayed or when the parties begin to realize that they simply do not share the same view of the delivery. That is when the agreement shall function as a manual, and keep the parties moving forward even with some sidetracking. To negotiate the terms at the time when the parties are touchingly in agreement and with positive spirits is key to a successful engagement with each other throughout the project.

EdmarLaw drafts, reviews, analyzes, revises and negotiates all types of agreements for the IT industry, such as licensing and outsourcing agreements, cooperation agreements, development agreements (both hardware and software), consultancy agreements or distribution agreements. EdmarLaw conducts its business in two languages – more than half of the agreements drafted and negotiated are in English.

Privacy Law

EdmarLaw assists companies in privacy related issues; everything from drafting a privacy policy, information texts or agreement terms in accordance with the Personal Data Act, to analyzing specific privacy law related aspects and providing legal opinions. EdmarLaw frequently acts as a representative before the Data Protection Agency, both formally and informally. As may be requested, EdmarLaw also conducts reviews (due diligence) of a company’s processing of personal data and other integrity law related and sensitive information, to ensure that the processing is in accordance with Swedish and EU law and regulations.

Companies, authorities and other organizations have a need to extract knowledge from big data. At the same time, EU aready has the world’s toughest privacy regulations and the requirements get even tougher as the commercial value of personal data becomes grows and is intensified. To handle employees’ and customers’ need for integrity with respect, and still be able to process personal data in an efficient way for the business has become an increasingly important competitive advantage.

As an advisor to several global information based operations, EdmarLaw has in-depth knowledge and understanding of a company’s needs when it comes to processing personal data as part of its business.

Business opportunities should not be unnecessarily limited by the rules regulating processing personal data. EdmarLaw often assists in finding constructive ways to manage personal data processing in accordance with the Personal Data Act.

Typical assignments:

  • How you may process personal data
  • Draft or review privacy policies
  • Questions around consent
  • What information to provide to registered persons

Outsourcing

Outsourcing agreements are long life by character and concern core aspects of the business. Both the outsourcing project and the law around it can be complex, and the legal guidance often spans over several legal areas. In order for the outsourcing to go well, the deal needs to be well construed and thoroughly prepared. Because it covers a long term relationship, it should be based on mutual trust. This can be created through a balance between the parties, common incentives and an excellent cooperative climate. Outsourcing is by principle critical to the business and neither of the parties have time for misinterpretations and false expectations. The agreements therefore need to function as a manual for the cooperation; to be the documents setting out the expectations. This requires simple and concise terms, taking the entire project in consideration.

EdmarLaw knows that outsourcing projects require specialized legal competence as well as focus on the business needs. EdmarLaw has long experience from traditional outsourcing, off or nearshoring and various types of cloud services.

E-commerce

E-commerce, i.e. electronic trade with goods and services, has grown immensely, and businesses can reach consumers in foreign markets in a way that simply was not possible before. This is quite an advantage for small businesses with less resources to export its goods and services. You no longer need to approach one region at a time (traditionally for Swedish companies, you would approach Sweden first, then the Nordics, Europe, USA), because you can now reach all markets at once. As part of the intensification of e-commerce and its possibilities, however, the commercial obstacles have become more apparent – there is an abundance of laws regulating e-commerce both within the EU and outside of the EU, which an e-commerce player needs to keep in mind. It is obvious that it is important to have an understanding of the rules and regulations where the company has its principal place of business, but it is almost equally important to understand the practice, regulations and traditions of the target markets and population as well.

EdmarLaw assists e-commerce businesses with everything from terms and conditions and privacy issues to marketing law aspects of campaigns and the use of social media to communicate a message.

Trademark Law

Trademark law has since long been internationally oriented, and international treaties such as the Madrid Protocol and the common view on trademark law within the EU illustrates the internationalization of the trademark law. Internet and the use of domain names has made the global dimension of trademark law even more apparent, especially among smaller companies and organizations. A smaller company has the same qualifications as a larger company to establish itself through a website and domain name(s) on the global market, in a way that was not possible before. It is essential to own trademark rights covering all branding aspects in all media when registering domain name(s), in order to be able to assert a company’s right to exposure and branding.

EdmarLaw assists with trademark applications in Sweden, the EU and internationally. EdmarLaw also helps develop trademark strategies and trademark portfolios for branding purposes. It is important to have an awareness of the potential likelihood of confusion with competitive trademarks. EdmarLaw therefore offers preliminary examinations of distinctive marks and monitoring certain trademarks.

Domain Names

Presence on the internet is of great importance to any business. Domain names are essential marketing channels and comprehend both security aspects and quality assurances. A company’s domain name(s) are therefore usually quite valuable to the company, and it is important to keep an ongoing strategic approach when dealing with domain names.

EdmarLaw provides assistance with domain name registrations, as well as domain name disputes and strategic advice with regards to domain names.

Marketing Law

As soon as a message has a commercial purpose and relates to commercial aspects, it is considered marketing messaging, and the Marketing Act applies. On a commercial website, most of the content is subject to marketing law.

EdmarLaw provides counsel in relation to marketing campaigns and contests in all types of media. Social media plays a large role in the marketing messaging of corporations and organizations today, and Edmar Law has expertise in this field. EdmarLaw assists companies with advice and risk assessments regarding its commercial messaging as well as analyzing improper competitive marketing.

Design Law

Designs and patterns relate to the visual impression of a product. A product is an industrially processed or handcrafted object, packaging, outfit, graphic symbols and typeface, but not software programs. Graphic symbols may for example be the design of a website or a data icon.

EdmarLaw assists companies and organizations in protecting the design of a product, managing infringement in a product’s design, or claims regarding this, and also by optimizing the value of the investment in a design through for example licensing programs. It is important to remember, however, that the design must not have been known to the public prior to registration for longer than six months.

The design protection encompasses sole rights to the design and hinders others from using the same design. No other party may manufacture, sell, import or rent a product infringing on the protected design.

Telecom Law

Communication using speech, music, images, texts and other data is increasingly integrated and combined in various online services. The telecom market has been deregulated, albeit the electronic communication is still subject to an extensive and dynamic EU law. Most of these regulations are implemented in the Law on Electronic Communication.

The Electronic Communication Law applies to telecom operators and other providers of electronic communication services and electronic communication networks. It requires data retention for crime prevention purposes (the data shall be deleted or de-identified after six months) and other types of data used for payment services or for marketing purposes (the data shall be deleted when no longer needed). In addition to this law, the Personal Data Act applies for data retention.

Questions such as authentication, access control, communication security, routines for backup copying and protection against unauthorized traffic and harmful software does not merely apply to the operations of telecom operators, but to any cloud service providers.

EdmarLaw has the competence, the industry knowledge and the experience to assist telecom and internet operators in i.a. contract negotiations and regulatory aspects, liability issues and freedom of speech questions.

Copyright

Copyright assets such as software, databases, design, drawings, images, music and other types of works or concepts can encompass extremely valuable assets in a company or organization. EdmarLaw has twenty years of experience in managing copyright and other intellectual property rights, and is well-equipped to deal with and secure various types of immaterial assets.

The digital environment, with a cluster of different types of media, fast and worldwide communication and distribution of equipment both at the workplace and at home, has made the copyright issues highly relevant. The market for computer games alone is greater than that of the film industry. But it is not always a question of market growth; the very foundation for production and exploitation of protected works has changed thanks to the digitization.

EdmarLaw counsels copyright owners who want to protect or exploit their ideas, or manage infringement and infringement claims.