Overview
Technology is playing an increasingly relevant role in the Public Sector, with Public Administrations, Regulatory Entities and Public Sector Companies undertaking processes of digital transformation, interoperability and data sharing, and electronic and smart Government processes being developed to improve and bring services closer to citizens.
Trends
Alongside the role of the Public Sector in coordinating and integrating its intervention in the economy, public regulation and tax systems, the challenges that arise globally regarding the need to reduce bureaucracy, improve the efficiency of public services and create favourable environments for the development of new technologies, have triggered profound transformations in this sector – whether in Public Administration, Regulatory Entities or Public Sector Companies.
Digitalization has stimulated profound transformations in the Public Sector that are reflected in its organization, procedures, forms of activity and, generally, in its performance.
Simplification and digitalization of public services, the development of electronic and smart Government that maximizes the use of IT and reduces costs, as well as the investment on interoperability frameworks, platforms and (open) standards that facilitate the sharing of information and implements the Only-Once Principle whilst respecting data protection, are all measures aimed at streamlining the Public Sector.
The implementation of systems for the management of documents and administrative processes (as well as tools for supporting the decision-making processes) are also increasingly relevant as a condition for a paperless Administration, where electronic means are used for registrations and communications. Common strategies for digitalization are also central to avoid duplications.
Legal Challenges
New legal challenges arise from the increasing digitalisation and connectivity of the Public Sector:
The acquisition of technology, including emerging technology applications such as AI, robotics, VR/AR, and the digitalisation of internal systems and processes in the Public Sector, are subject to legal and regulatory requirements and entail a new approach to public activities, including when it comes to storage of confidential and secret information, resilient communications and cybersecurity.
The digitalisation of services aimed at facilitating access to public services brings new challenges including with relation to data collection and storage (including in the light of the use of distributed systems such as blockchain or automated decision making through the use of AI), cybersecurity and interoperability frameworks, as well as with relation to freedom of information rules, open data and data sharing.
The digitalisation and technological transformation of society require Governments to promote Innovation as well as flexible, adaptative and smart regulation to promote the uptake of technologies in society, their effective and secure testing as well as public and private synergies.
- Technology acquisition, integration and updates
- Data (personal and non-personal) & Cybersecurity
- IP & Trade Secrets
- Procurement / public-private synergies
- Promotion and uptake of Digital Transformation and Innovation in society
Step-by-step
What?
Forces driving the market
Technology adoption improves and streamlines internal processes and systems, leading to cost decreases and a paperless Public Sector.
Technology implementation in the Public Sector ensures the use of digital technologies in the provision of public services (including for digital authentication, requests and payments), citizen and resident engagement and the Only-Once Principle.
Collection and use of Big Data from both public and private sources, data sharing facilitated through interoperability frameworks, and access and reuse of public information, are increasingly relevant to tackle societal challenges.
Implementation of regulatory sandboxes, innovation hubs and experimental regulations that enable innovation through interactive, reality-tested experimentation and regulatory support.
How?
Can we help you
VdA has vast experience and strong expertise in all policy, legal and regulatory matters associated with the use of technology in the Public Sector. Our tech and industry insights allow us to provide 360.º legal services to organisations, governments, and regulators.
- Governments
- Regulators
- E-procurement platforms
- Manufacturers
- Service Providers
- Developers and Technology suppliers
- Operators in several sectors, such as Telecom, Energy, Defence and Aerospace
Our team of experts is delivering strategic and sophisticated legal advice to help our clients on their most challenging and promising projects. With a track-record of advising complex projects in the Public Sector.
VdA services include:
- Drafting policies, strategies and laws for digitization projects, such as e-Government initiatives, as well as for the uptake of Innovation and Technology in society, such as regulatory sandboxes, innovation hubs and experimental regulations for new technologies.
- Advising in the implementation of technological tools and solutions for administrative procedures / administrative organization, including in digital procurement processes, IP protection and technology transfer.
- Advising on public contracts: administrative contracts, public tenders, public procurement procedures.
- Negotiating partnerships and memoranda of understanding with governments, institutions, agencies and the private sector.
- Advising on data (personal and non-personal) and cybersecurity, notably with relation to data collection, sharing, freedom of information, and cybersecurity policies.
Our team of experts
The disruption of the Public Sector and Administration raises complex challenges that require a holistic and sophisticated legal analysis.
We help our clients meet their goals through a cross-sector team that brings lawyers from our Public, ICT and Data & Cybersecurity Practice Areas. In addition, to deal with the complex challenges brought by the resort to technologies in the sector, our team further works routinely with our colleagues from Tax, IP, Insurance, Banking & Finance, Projects, among others.
Why?
Specialised knowledge is required
The opportunities and challenges of the use of technology in the Public Sector, including those arising from the deployment of emerging technologies and the lack of regulatory certainty, are complex. Specialised knowledge is required for the development and deployment of digitalization strategies. VdA is especially knowledgeable of the opportunities and challenges brought by the use of technology in the Public Sector in Europe and in Africa.
VdA is well aware of the opportunities and challenges of the Public Sector in Europe, including those deriving directly from the evolving EU legal framework. One such example arises from the innovative potential of data and information gathered and used by the Public Sector when it is multiplied and made available to many – it helps to spur innovation and economic development beyond the Public Sector, and to support innovative partnerships with multiple actors. The EU has also stressed the importance of increasing Business-to-Government (B2G) data sharing, and to make data sharing in the EU easier by taking policy, legal and investment measures.
VdA has relevant experience in advising Governments and Regulatory Entities on digitalisation strategies and approaches, as well as in setup of legal frameworks for the implementation of new technologies in the public sector, taking into consideration not only the applicable regulatory framework, but also other relevant legal and regulatory frameworks, including, for instance, on cybersecurity and critical entities, Intellectual Property, tax, environment, software licenses, hardware supply, consumer protection, among others.
The interconnection of the Public Sector with technology can bring vast benefits for African countries, responding to societal challenges, which is one of the main goals of the African Union.
The Digital Transformation Strategy for Africa 2020-2030 expressly mentions the role of the Public Sector in implementing laws, policies and regulations to stimulate and accelerate digital transformation for national, regional and continental development, as well as to enable the coherence of existing and future digital policies and strategies at regional and national levels, thus mobilizing effective cooperation between public institutions. Furthermore, emerging Public Sector related innovative technologies play a central role in responding to African challenges and objectives.
VdA has relevant experience in advising Governments on digitalisation strategies and approaches, as well as on the setup of legal frameworks for fostering innovation and new technologies regarding the Public Sector, taking into consideration not only the applicable regulatory framework, but also other relevant legal and regulatory frameworks, including, for instance, on data economy, cybersecurity and critical infrastructures, Intellectual Property, tax, environment, software licenses, hardware supply, consumer protection, among others.
When?
Can we do it for you
Assisting Public Sector entities and private-public synergies in devising the best approach and models for your project, in the light of Public goals and legal and regulatory opportunities and constraints.
Assisting you in the development and setting-up of your project, drafting all required documentation, assisting in the negotiation of contracts, interacting with other relevant stakeholders, and accompanying you every step of the way.
Assisting you in addressing day-to-day goals and challenges in the light of the applicable laws and regulations. We are here for you.