Berlin Photo
Matthew Mousley, Editor-in-Chief
November 2010
In This Issue
Outsourcing Committee Releases International Survey of Benchmarking Terms
ITechLaw Welcomes 260+ from 30 Countries to 2010 European Conference
2010 CyberSpaceCamp Program in Istanbul Garners Nearly 100 Attendees
2011 International Asian Conference Update
The Buzz: What Members Are Talking About
AFDIT Welcomes ITechLaw Members to "The Impact of Open Source and Cloud Computing" Event
ITechLaw Member Spotlight
ITechLaw New Members

Outsourcing Committee Releases International Survey of Benchmarking Terms

The ITechLaw Outsourcing Committee has completed its first International Survey of Benchmarking Terms. The survey, currently available to ITechLaw members only, was conducted over the summer of 2010 on behalf of ITechLaw by the law firm Gorrissen Federspiel. Survey responses were provided by law firms established as leaders in the outsourcing field.

benchmarking survey logoIncluding a total of 12 countries in Europe, the United States, and Canada, the International Survey of Benchmarking Terms discusses many relevant legal and commercial aspects of benchmarking in large scale IT outsourcing agreements.

With only a few variations, the survey clearly confirms that infrastructure outsourcing agreements contain benchmarking provisions today. As a general rule, benchmarking can be called upon once each year after a limited grace period. Generally, a benchmarking exercise takes between three and six months to complete. However, a significant - but not surprising - result is that benchmarking is rarely initiated in practice.

One of the main items the survey was designed to address was whether trends regarding specific terms and conditions could be distinguished based on the maturity of the market (country) in question in terms of the penetration of outsourcing as a business model or business lever. Generally, the United States and the United Kingdom are perceived to be the most mature markets, followed by the Nordic countries, then Germany and the Mediterranean countries. On a detailed level, there is no such trend. However, the big picture is clearly that benchmarking provisions have significantly more teeth in the mature markets.

Download Complete Survey

ITechLaw Welcomes 260+ from 30 Countries to 2010 European Conference
By Kiran Sandford, Mishcon de Reya, London and Christian Frank, Taylor Wessing, Munich, 2010 European Conference Co-Chairs

sandy jeskieITechLaw was pleased to welcome more than 260 attendees to the 2010 European Conference, which took place in Berlin, Germany on October 28-29, 2010. The conference was a productive, two-day meeting of daily conference sessions on critical technology law topics and trends, such as Internet & Advertising, Licensing & Contracting, Healthcare and IT, Online Gambling, Privacy & Data Protection and more. The 2010 European Conference featured interactive workshops for all attendees that concentrated on substantive law topics, including Data Protection, E-Commerce, Intellectual Property, and Outsourcing.


berlin 3There were many new faces at this year's European Conference, with nearly 60 first-time attendees and new members in attendance. All attendees took advantage of the conference's many networking opportunities, including the black-tie Gala Dinner at the beautiful Museum for Communications and a spectacular Closing Reception at the Reichstag.


berlin 1We would like to thank the conference attendees for their participation, as well as our speakers and sponsors, all of whom contributed to the tremendous success of the 2010 European Conference. We look forward to seeing you in Oslo for the 2011 European Conference.


2010 CyberSpaceCamp Program in Istanbul Garners Nearly 100 Attendees

ugut atketinBy Ugur Atketin, Mehumut Gün & Partners, Istanbul

The latest ITechLaw CyberSpaceCamp program was held in Istanbul, Turkey on November 2 and 3, 2010. The program was a great success, with an attendance of around a hundred participants, most of whom were young practitioners specializing in IT and IP matters.  The theme of the program was "New Digital Order and its Reflections to the Law" and it encompassed multiple topics, including e-commerce, cloud computing, outsourcing, corporate reputation management, data privacy, and the protection of IP.

cyberspacecamp2The faculty included  representatives from Bilgi University (the host university) and Mehmet Gün & Partners (the local host firm), Sandra A. Jeskie, President of ITechLaw, and Sajai Singh, Chair of Education Committee and Assistant Secretary of ITechLaw, as well as government officials, public prosecutors, and academics. Faculty members shared their experiences and explored the latest issues on information technology law.

cyberspacecamp1Attendees had the opportunity to hear from Sandra Jeskie and Sajai Singh on the current international issues with regard to off-shoring, corporate reputation management, and cloud computing. Government employees and public prosecutors delved into the challenges of practicing IT law in Turkey and enforcing data privacy and IP rights online.

2011 International Asian Conference Update - February 3-4, 2011,

Bangalore, India

Registration is currently open for the 7th International Asian Conference to be held February 3-4, 2011 in Bangalore, the high technology capital of India. 

The theme for the conference is Technology in an Era of Changing Business Paradigms. The multi-track conference will include more than 60 international speakers on contemporary technology law topics. The conference also features ample networking opportunities for attendees, including the Gala Dinner, which will take place on the Prince of Wales lawns, and conference Networking Lunches.

India ConferenceVisit the 7th International Asian Conference website to register, for accommodation information and ongoing conference updates. Early Early Bird registration rates expire December 15, 2010.

The Buzz: What Members are Talking About

View our profile on LinkedInITechLaw has a very active LinkedIn group with more than 450 members. Here is a brief excerpt from a discussion on a recent ITechLaw post regarding a decision by the Swiss Supreme Court. Read the entire thread here.


"Data Protection Officer vs. Logistep - Swiss Supreme Court stops collecting of IP addresses by anti-piracy company." 


"Would the decision have been the same if the infringers were file sharing illegal content like child pornography?"


Robert Bond, Speechly Bircham, United Kingdom

"Interesting question. Does it not, however, reflect the fact that "illegal" filesharing is often not perceived as a crime? Recently, teenagers in Belgium were surveyed, and more than 75% were found to have "broken criminal law." ...For the vast majority of those, the only criminal offense they committed was copyright infringement. It makes one ask how realistic is "copyright prohibition?"

Joren De Wachter, Integrating Technology, IP and Business Models, Belgium

Clearly there is an argument of "balancing-of-interests," in favor of the filesharers in this case...In the press release one speaks of "covertly" searching IP addresses. Would there still be a place for "overt" monitoring in compliance with data protection laws?

Benjamin Docquir, Simont Braun, Belgium

The Swiss Federal Court has not yet published the reasons for the decisions (case number 1C_285/2009). The case was argued in a public hearing, and during that hearing the court stated the balance of interests would not weigh in favor of copyright holders. Therefore, to answer Robert: It is very likely a court would not decide in the same way if the criminal offense related to child pornography. @Benjamin: "overt monitoring is not very likely to occur in the fact pattern of this case. Logistep acted as undercover agent to establish an end-to-end connection to the filesharer...Logistep did not monitor the entire P2P network, it only - but systematically - collected data when entering into direct contact with each of the (numerous) file sharers it had contacted.

Christian Laux, Bratschi Wiederkehr & Buob, Switzerland


Follow ITechLaw on Twitter, become a fan on Facebook, and join our LinkedIn and Facebook members-only groups today!


AFDIT Welcomes ITechLaw Members for its December Event, "The Impact of Open Source and Cloud Computing on Liability in IT Contracts"


AFDIT logoITechLaw is pleased to support the French Computer Law Association's (AFDIT) December 3, 2010 conference on the theme of "The Impact of Open Source and Cloud Computing on Liability in IT Contracts." AFDIT's current chair, Andre Meillassoux, is an ITechLaw Local Representative in France.


This conference is organized together with the French National Agency for Research (ANR), the National Institute for Research in Computer Science and Control (INRIA), the University of Versailles, and the Paris Bar Association. It will convene in-house counsel, attorneys, magistrates from the French Supreme Court, judiciary experts, and researchers in computer science.


Members and friends from ITechLaw are invited to participate and take this opportunity to meet local members of ITechLaw in France. The conference will take place in Paris, at the Maison du Barreau (2 rue de Harlay, 75001) from 9:00 a.m. - 5:00 p.m. local time, and is free to participants.  Please note reservation for lunch is required by November 29, 2010.


Please contact Andre Meillassoux at or to register or for more information.


Global Industry Briefs

globeIn addition to ITechLaw's quarterly online law journal for members, the eBulletin, ITechLaw often provides 1-2 short articles in eNews each month. eNews articles cover not only short legal updates but also give members an opportunity to share their unique professional experiences as they relate to ITechLaw.

ITechLaw encourages members to contribute to its publications. For more information or to submit your articles, please contact us. Submissions are subject to editorial discretion. Articles not used in eNews may be used in the eBulletin and vice versa.

Please submit articles for the eNews by the 8th of each month to

ITechLaw Member Spotlight

stephane lemarchandStéphane Lemarchand has joined the Intellectual Property and Technology practice of DLA Piper in Paris, effective as of November 2, 2010. Prior to joining DLA Piper, Mr. Lemarchand was a partner at Bird & Bird for 10 years. Mr. Lemarchand is a Board member of the ITechLaw Association.

Please send all submissions to by the 8th of each month for inclusion in that month's eNews.

ITechLaw Welcomes Its Newest Members!
NameOrganizationCity, State
Markus Andréewitchandréewitch&simonVienna, Austria
Yasin BeceniBTS & PartnersIstanbul, Turkey
Viola BensingerOlswang LLPBerlin, Germany
Gaëtan CordierDewey & LeBoeufParis, France
Raffaello De MarcoGiianni Origoni Grippo & PartnersMilano, Italy
Matthias EbneterRentsch & PartnerZurich, Switzerland
Thomas FischlReedSmith LLPMunich, Germany
Alexander FoxManches LLPLondon, United Kingdom
Antoine GendreauCMS Bureau Francis LefebvreNeuilly-sur-Seine, France
Batu KinikogluTurkekul Attorney PartnershipIstanbul, Turkey
Christophe MarclayWalder Wyss & Partners Ltd.Zurich, Switzerland
Ken MeulAltiusBrussels, Belgium
Anna MirschAdvokatfirman DelphiStockholm, Sweden
Alexander MolleGleiss LutzBerlin, Germany
Alejandro Negro SalaCuatrecasas Gonçalves PereiraMadrid, Spain
Uwe NimscheckBurges Salmon LLPBristol, United Kingdom
Nick PonttManches LLPLondon, United Kingdom
Thomas RieckStudentBerlin, Germany
Marianne SoegaardLaw firm Poul SchmithCopenhagen , Denmark
Mikolaj SowinskiSoltysinski Kawecki & Szlezak Legal AdvisorsWarsaw, Poland
Michael SternerAdvokatfirman Vinge KBGothenburg, Sweden
Marek SzydlowskiWardynski & PartnersWarszawa, Poland
Jonas TollSetterwalls Advokatbyrå ABStockholm, Sweden
Gregory TulquoisDLA PiperParis, France
Christian Van MegchelenStibbeAmsterdam, Netherlands
Joerg Michael Vossavocado rechtsanwaelteFrankfurt am Main, Germany
Stephan WittelerBeiten BurkhardtFrankfurt am Main, Germany
Erik WoodcockAdvokatfirman DelphiStockholm, Sweden
President's Column
By Sandra A. Jeskie


Dear ITechLaw Members and Colleagues,

Having just returned from 2 remarkable ITechLaw conferences, I can tell you that ITechLaw is thriving.  Both our Annual European Conference on October 28-29 in Berlin and our CyberSpace Camp Program in Istanbul on November 2-3 were resounding successes with near record attendance and cutting-edge presentations.  I would like to thank everyone who worked so hard to make both events such as success.

Our substantive law committees have been very hard at work, running interactive workshops at our recent conference, hosting monthly webinars, and working on committee projects.  One of the most recent and notable projects is the Outsourcing Committee's International Survey of Benchmarking Terms, which was just released to members.  This survey discusses many relevant legal and commercial aspects of benchmarking in large scale IT outsourcing agreements in a total of 12 countries in Europe, the United States, and Canada. 

Thanks to Ole Horsfeldt and survey participants Charles Morgan, Juha Taipale, Bradley Joslove, Jörg Wimmers, Domenico Colella, Patrick Wit, Espen Werring, Jose Ramon Morales, Jim Runsten, Michael Peeters, and Diana McKenzie for their work in producing this outstanding work product on behalf of ITechLaw.

Best regards,

Sandra A. Jeskie
President, ITechLaw

Save the Date:

ITechLaw Monthly Webinars




November 30, 2010

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More details coming soon!


2010 European Conference Photos
October 28-29,

Berlin, Germany

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berlin 5


christian frank


berlin 7


markus kempkes


berlin 8


kiran sandford


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Upcoming ITechLaw


February 3-4, 2011
Bangalore, India


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