Our
experience

Advising on the purchase of several websites, including those from outside the EEA

Comprehensive legal assistance in the purchase of websites as an organised part of an enterprise. The purchase of a website as an organised part of an enterprise is a process that is only seemingly easy. The buyer must remember to adequately and comprehensively secure its rights and ensure that it has a real opportunity to use the purchased website and all its functionalities.

A website is not only a domain and the transfer of its ownership to the buyer. It usually also includes rights to:

• the content it contains;
• databases, including those containing personal data
• logos;
• the use of relevant software;
• or, finally, the rights and obligations arising from licence agreements or contracts with contractors who have so far cooperated with the website, be it within the framework of, for example, paid positioning or additional services offered as part of the website’s functionality.

Thus, not only regulations related to the purchase transaction itself are involved, but also issues concerning:

• copyright
• intellectual property
• personal data protection and related obligations;
• or, finally, regulations pertaining to rights and obligations arising from contracts with contractors providing services required for the proper functioning of the website.

The law firm comprehensively advised a company with international operations in the purchase of several websites from their owners – both Polish and foreign, also from outside the EEA.

The scope of our advisory covered not only Polish law, but also national law applicable to the seller’s entity and international regulations.

The law firm comprehensively advised in the process of purchasing the websites, as well as in the preparation of the relevant transaction documents and provided opinions on the agreements with the counterparties.