Startups & Open innovation

In this area, we approach members of the startup ecosystem in order to offer top-level advice from the outset, with the best experts in the industry. Garrigues has a multidisciplinary team of young lawyers who speak the same language as startups.

We have designed specific collaboration models for startups, accelerators and venture capital funds. Garrigues offers horizontal advice and in-depth knowledge of technology trends, as well as innovation environments in the market. We also have an extensive global network of own offices, enabling us to accompany our clients in their international expansion.

Innovation is and has always been one of Garrigues’ hallmarks. We believe that you don’t have to wear trainers to be creative or innovative; the fundamental thing is to understand and identify client needs and be aware of technology trends in order to deliver the best solution.

We advise members of the digital ecosystem and the leading technology firms. The Startups & Open Innovation area brings together different teams and initiatives in order to deliver greater value to our clients.

How can we help companies?
 

• Legal feasibility of the business: analysis and assessment of risks in disruptive businesses.
• Corporate and finance matters: (i) drafting of corporate bylaws; (ii) shareholders’ agreements; (iii) terms for participation by the startup in incubators and accelerators; (iv) recurring contractual advice; (v) funding rounds; (vii) alternative funding; (viii) assistance in due diligence processes.
• Protection of assets: (i) design of the worldwide strategy for protecting intangible assets (trademarks, patents, software, databases, know how);  (ii) protection afforded by registration; (iii) confidentiality agreements; (iv) technology transfer and development agreements; (v) licenses and licensing of intangible assets; (vi) reports on the IP rights of startups in acquisition processes; (vii) open source software; (viii) dispute resolution.
• Content: (i) negotiation with management entities; (ii) advice on advertising campaigns; (iii) contracts with influencers; (iv) social networks; (v) new forms of publicity; (vi) AdWords; and (vii) online reputation.
• Privacy: (i) advice on treating information as an asset, particularly as regards personal data in business activities; (ii) advice on  compliance with the new data protection regulation (GDPR); and (iii) defense in proceedings involving regulators in different jurisdictions.
• Cybersecurity: (i) legal advice on the prevention of cybersecurity risks; (ii) emergency assistance in the event of cyberattacks; (iii) support in the stages following a cyberattack (notifications, communications, complaints and legal claims).
• National and international taxation: (i) corporate income tax review to check the correct application of international double taxation credits and technology tax incentives; (ii) advice on international taxation and tax treatment of workers posted to other countries; (iii) personal tax advice to partners on the entry of other investors; (iv) advice on tax incentives for investing in startups; and (v) assistance in correct application of nonresident income tax.
• Labor and employment matters: advice on (i) the creation and startup of new companies; (ii) labor-related aid and reductions applicable to newly-created companies and during the growth stage; (iii) the impact of digital transformation on labor relations, through phenomena such as teleworking, remote working, smart working; (iv) the implementation of measures for the effective use of technology and communication resources in the area of labor relations; (v) IT tool user protocols; (vi) video surveillance systems or geolocation devices; (vii) incentive plans.
• IP: the most valuable companies in the digital economy build their competitive edge through innovation. In this context, effective management of intellectual and industrial property is key, since it is the tool that enables them to hold exclusive rights in the assets where the innovation lies. Some of the questions we should be asking include: How can algorithms be protected? What rights are necessary in order to create a content platform? Who owns works created using AI? How can big data be protected? What recautions should be taken when acquiring a technology firm?