PRIVACY AND CYBERSECURITY

The area of ​​TMT/Privacy and Cybersecurity has been an area of ​​great growth at Antas da Cunha Ecija & Associados and is nowadays an essential pillar of almost every business.

We provide advice to a variety of public and private entities in Portugal, in particular in the definition of appropriate compliance strategies for each organisation and adaptation to the General Data Protection Regulation (GDPR).

The TMT/Privacy and Cybersecurity team is prepared to provide support in a number of operations, such as implementation of compliance programmes tailored to each individual case, definition of rules and procedures for the processing of personal data in human resource management, definition of policies regarding the period of data storage, preparation of privacy policies and protection of personal data (including internal rules and regulations and compliance programmes for both public and private entities), management of the relationship with the Control Authority in Portugal (CNPD), preparation and review of contractual conditions applicable to the processing of personal data, and preparation and adaptation to the General Data Protection Regulation (GDPR).

INTELLECTUAL PROPERTY

Antas da Cunha ECIJA has a widely experienced team in advising national and international companies operating in different areas of activity.

Our team provides several services in the area of intellectual property, in particular in all matters regarding copyright, image rights, trademarks, and data protection.

Our team of intellectual property is prepared to handle several operations in this area, such as registration and maintenance of national and international trademarks (including EU), registration and maintenance of domain names, drafting of licensing agreements, litigation regarding trademarks, drafting contracts for copyright and related rights, litigation on copyright and related rights.

DIGITAL ECONOMY

The Legal Intelligence Department is responsible for guiding and advising on a multidisciplinary basis. The fourth industrial revolution urges us to be hybrid professionals – the path we believe in to accompany our customers’ journey.

In the construction of our Big Picture, we like to contribute to the debate of the themes that are presented to us, we study the feasibility of projects, we advise on the technology to be used, the legislation to respect – or to propose – and we are present in the launch of technological solutions in the market.

Our teams have extensive experience in providing legal advice to all types of companies, start-ups and scale-ups, and we count with entrepreneurs from the New Economy Institute.

We are active players on Web3, we are committed to offering Blockchain solutions, we have participated in various processes of tokenization of assets and rights, we accompany ICOs, STOs, IDOs, IEOs, FTOs and INOs, we deal with NFTs and all matters related to the Metaverse.

We were the pioneers in Portugal in the programming of Smart Contracts and, therefore, we are able to carry out audits and design Smart Contracts Workflows.

We have experience in preparing White Papers for national and international start-ups and in registering companies that deal with virtual assets at Bank of Portugal. In the case of investment tokens, we prepare case-by-case opinions, in order to adapt the offers to the requirements of the CMVM, complying with all investor protection rules.

We want to be constantly up to date with legislation and regulation – and we are often promoters of legal solutions. We prepare legal and technical opinions on various topics, with special attention to national and European regulation. We present innovative and visually interesting solutions, using Legal Design Thinking techniques.

We practice Advocacy 4.0. based on Smart Law, reorganizing the legal services provided by our office, adapting them to concepts such as Artificial Intelligence, Deep Learning, Machine Learning, Virtual and Augmented Reality, Internet of Things and Smart Cities.

The Legal Intelligence department has established partnerships for academic research with universities such as Nova SBE, through the coordination of the Blockchain & Smart Contracts course, with the Portuguese Catholic University and with Student Associations of the University of Minho.

TECHNOLOGY TRANSACTIONS

🠚 Maximizing Value in IT Contracts

The Technology Transactions team at Antas da Cunha ECIJA supports companies in optimizing their relationships with Information Technology (IT) vendors, at a time when digital transformation is key to global competitiveness. With over 20 years of experience in IT sector projects and contracting, our team combines technical and legal expertise with strategic insight to foster innovation, efficiency, and value creation in business.

We follow a structured methodology to maximize value for money in both OPEX and CAPEX related to IT, ensuring that each contract reflects the best market practices.

Optimization Methodology

Using a proprietary framework that organizes dozens of indicators across 15 optimization dimensions, we go beyond traditional legal support by integrating economic and strategic perspectives into IT contract negotiation.

Our optimization model is based on five key pillars:

• Solution: Support in defining the service to be contracted, using solution benchmarking, alignment of expectations among all stakeholders, and establishing priorities and implementation timelines.

• Capacity: Accurate estimation of required capacity, ensuring resource allocation efficiency and effective management of future expansions (add-ons).

• Price: After determining the solution and capacity, we assist in defining the overall project value by applying competitive unit costs. These are based on supplier pricing structures and team composition, balancing seniority and cost-effectiveness. We also identify optimization opportunities such as bundled service packages or extended warranties.

• Efficiency: Our approach focuses on effective execution through productivity tools, flexible resource use, and task optimization.

• Output: Optimizing the above factors must result in high-quality deliverables aligned with strategic goals and expectations. We assess the final solution in terms of reliability, functionality, business impact, innovation, and risk mitigation—particularly regarding cybersecurity.

Strategic and Operational Management of IT Contracts

Our legal support covers all phases of the contract lifecycle-from requirements definition to execution—ensuring each contract is efficiently structured and aligned with the business’s needs.

Our services include:

• Stakeholder Coordination: Strategic alignment to optimize costs and performance.

• RFPs: Drafting detailed Requests for Proposal to ensure a competitive and transparent selection process that maximizes strategic options for the client.

• KPIs: Support in defining clear, measurable performance indicators.

• Benchmarks: Use of market references to ensure competitive conditions, while maintaining confidentiality and regulatory compliance.

• Follow-Up: Ongoing contract execution monitoring using advanced technological tools to track timelines, service levels, deliverables, and contractual compliance.

🠚 Legal Advisory for Technology Contracts

Antas da Cunha ECIJA provides specialized legal advice in the analysis, negotiation, and management of technology contracts and digital transactions, helping clients define efficient and secure contractual structures aligned with industry best practices.

We support companies of all sizes—including local organizations and multinationals—through all stages of tech deal contracting and digital transformation projects.

Key Areas of Contractual Expertise:

• Software licensing, development, and implementation of tech solutions

• IT and Business Process Outsourcing (BPO)

• Cloud computing (SaaS, IaaS, PaaS)

• Digital infrastructure consulting and implementation

• Negotiation of Service Level Agreements (SLAs) with clear, measurable performance levels

• Support, maintenance, and technical assistance contracts

• Contract structuring for Artificial Intelligence (AI) projects and AI governance

• Drafting and responding to RFPs, including legal requirement definition and risk mitigation

🠚 Contract Monitoring and Management

We provide continuous legal support throughout contract execution, ensuring that agreements are updated and adapted to meet the client’s evolving needs and the ever-changing technological landscape.

🠚 Responsible AI as a Service

We offer specialized legal support for Legal & Compliance and IT teams, overseeing compliance programs and responsible AI governance:

• AI Compliance Audits – Ongoing legal evaluation to ensure AI systems comply with regulatory requirements throughout the lifecycle (Plan, Design, Develop, Deploy).

• Contracting and Corporate Governance – Defining contractual strategies, conducting due diligence, and advising on internal policies to ensure strong compliance and AI governance practices.

🠚 Responsible AI by Design in Supplier Management

We support the selection, contracting, and monitoring of AI suppliers, ensuring strong alignment with Responsible AI by Design principles:

• RFPs and RFIs – Defining contractual and regulatory requirements for selecting AI vendors, ensuring transparency, traceability, and risk mitigation from the start.

• Contract Management and Ongoing Monitoring – Structuring and negotiating contracts with specific clauses on compliance, accountability, and data protection, including mechanisms for ongoing oversight and supplier audits.

Compliance and Governance Programs for Digital Regulation: AI Act, DORA, and NIS2

Antas da Cunha Ecija has developed a comprehensive Compliance and Governance approach for Digital Regulation, designed to support organizations in implementing legal obligations and mitigating risks related to the Artificial Intelligence Act (AI Act), the Digital Operational Resilience Act (DORA), and the Directive on Security of Network and Information Systems (NIS2). Our goal is to help companies adopt effective compliance models that are aligned with regulatory requirements and best practices in digital governance.