The explosion of technological advances in business creates many benefits for businesses and consumers.
Technology also helps any business reach a broad audience.
Thanks to technology, checking account balances, reaching out to a friend across the world, and making purchases are now more convenient than ever. However, the use of these modern conveniences brings questions regarding limitations of privacy, protection, and innovation.
The fast-paced field of technology law governs this acquisition of private information, protection of ideas, and new platforms emerging in the ever-evolving world of technological advances.
Businesses in Central Florida are growing across industries like software, fintech, healthcare technology, and e-commerce. As a result, working with experienced Orlando technology lawyers has become more important.
Navigating the fast-paced world of technology can be complex, but you do not have to do it alone. BrewerLong’s team helps companies navigate these challenges by providing guidance on contracts, compliance, and intellectual property. Our legal support allows business owners to focus on innovation while reducing legal exposure.
What Are the Focuses of Technology Law?
Technology law mainly focuses on the following categories.
Intellectual Property
Intellectual property rights are an area within the field of technology law focusing on intangible property like patents, ideas, copyrights, and trade secrets.
Intellectual property rights determine how patents, ideas, copyrights, and trade secrets are disseminated, along with how profits are divided amongst parties.
For many companies, intellectual property is often the most valuable asset. Without proper protection, competitors may replicate or misuse proprietary technology. An experienced Orlando technology attorney can help businesses register, license, and enforce these rights to maintain a competitive edge.
Privacy
One of the main focuses of technology law centers on the gathering, storing, disseminating, and using of information acquired through the use of technology.
This area of technology law includes consumer privacy, cybercrime, and government surveillance.
In Florida, businesses must also consider state-level privacy risks, including data breach exposure and consumer protection obligations. Companies that collect personal data, such as names, payment details, or health information, must implement safeguards and response plans to reduce liability. Failure to do so can result in regulatory penalties and lawsuits.
Digital Media and Entertainment
Digital entertainment in technology law encompasses the world of gaming and how technology laws impact the use of gaming. Digital media includes the use of social networking sites, online distribution channels, and streaming services for music, television, and movies.
This fast-paced field within technology law is continuously changing as new platforms offer new services for consumers.
Businesses need to know who owns their content and how it can be used. Legal guidance can help prevent copyright and contract disputes.
Software Licensing
Software licensing focuses on the innovation of computer software. A software license governs the use and redistribution of software. Upon purchasing computer software, a consumer must agree to certain conditions before gaining permission for its use.
The license agreement provides detailed information about copying, modifying, or redistributing the software. A software license will also govern the areas of software updates, troubleshooting, and warranties related to the software.
For many companies, these agreements form the backbone of revenue generation. Poorly drafted licenses can lead to lost revenue, unauthorized use, or disputes. Working with an IT company attorney helps ensure agreements are clear, enforceable, and aligned with business goals.
What Is a Technology Lawyer?
Technology lawyers focus their practice on laws governing the field of technology and its uses within the government sector and the private sector.
Technology attorneys in the government sector help to draft, create, and enforce technology laws on a federal and state level. Technology law in the government sector focuses on privacy rights and intellectual property.
Private-sector technology lawyers are those who help businesses understand and plan for any technological issues that may arise. Technology lawyers also counsel companies on the rights and obligations existing at the state and federal level when using technology.
These rights and obligations specifically concern the privacy of information acquired from customers and individuals using the services and products of these private companies.
Orlando technology lawyers also serve as ongoing advisors to businesses. They assist with contract drafting, regulatory compliance, dispute resolution, and risk management. Their role is not only to respond to problems but to prevent them before they impact operations or profitability.
Sources of Technology Law
The majority of technology law is governed in the United States by federal laws. State and international laws may apply as well.
Federal Technology Law
Federal regulations dictate how companies may use and disseminate any information acquired through technology. Federal laws also dictate how the government itself may use, store, and distribute information obtained through technology.
Federal technology legislation that impacts information acquired through technology includes the following acts.
Privacy Act of 1974
The Privacy Act of 1974 established a code governing the collection, maintenance, use, and dissemination of information stored by federal agencies.
It provides individuals with the right to request their records, request changes in records if the information is not accurate, and protection against invasion of privacy from the collection, maintenance, use, and storing of personal information.
Foreign Intelligence Surveillance Act
This act establishes a code for physical and electrical surveillance in addition to the collection of foreign information.
Gramm-Leach-Bliley Act
This act controls the information collected by financial institutions and requires those financial institutions to disclose to consumers where the information is stored, how it is acquired, and how it is used.
Homeland Security Act of 2002
The Homeland Security Act of 2002 was established in the wake of the 9/11 terrorist attacks. The Act establishes a group of departments, including the National Cyber Security Division (NCSD). The mission of the department is to collaborate with private, government, military, and intelligence stakeholders to calculate risks and reduce threats to civilians and government operations.
Intelligence Reform and Terrorism Prevention Act
The Intelligence Reform and Terrorism Prevention Act established many facets of information gathering within the intelligence community.
Regarding technology law, the Act ensures that the use of technologies does not compromise privacy protections related to gathering, disseminating, and storing personal information.
State Technology Laws
State laws also govern areas of technology law, specifically within criminal and civil law. For example, many states have laws that prohibit the use of a computer to commit a crime.
Additionally, some states have incorporated laws banning the use of computers to intimidate or harass another person. Improper access and use of credit cards or financial information are examples of other laws that states have incorporated to protect individuals.
State laws are also consistently toeing the line between state regulations and constitutional issues as use of speech on electronic platforms, which potentially implicates First Amendment rights, continues to increase.
Florida has its own data breach notification requirements. Businesses must notify affected individuals in the event of certain data breaches. This requirement highlights the importance of having internal policies and legal guidance in place before an incident occurs.
International Technology Law
International laws also come into play to govern the borderless capabilities of technology. Drafting and implementing international treaties and agreements governing technology use require cooperation and collaboration between foreign governments and foreign companies.
For Florida-based companies serving global customers, international compliance laws, such as the General Data Protection Regulation (GDPR), can create additional obligations. Businesses may still have to comply with foreign data protection standards even if they are physically located in Orlando.
Emerging Technology Law Sectors
The possibilities for technological advances are essentially endless. There are several emerging technology sectors that already require or will require specialized tech attorneys to keep up with ongoing regulatory developments.
Artificial Intelligence
Artificial intelligence is transforming how businesses operate. There are a number of growing companies in the artificial intelligence space, and they stretch across multiple industries. This type of tech is generally used to improve operational systems for consumers and is being increasingly integrated into sectors of government, finance, healthcare, and more.
However, it raises important legal questions. Companies must consider:
- Who owns AI-generated content?
- How is data used to train systems?
- Do automated decisions create liability risks?
As regulations develop, businesses must also consider issues such as data training rights, algorithmic bias, and regulatory compliance. An Orlando technology attorney can help stay ahead of compliance issues.
Cybersecurity
Cybersecurity falls under the privacy category and can include everything from online banking to e-commerce and social media. It has become a top concern for businesses of all sizes.
Companies collect and store sensitive customer data, making them targets for cyberattacks. A data breach can lead to financial loss, reputational damage, and legal exposure. Legal guidance helps companies create policies, contracts, and response plans to reduce these risks.
As companies find new ways to gather consumer information for advertising and other purposes, this sector of technology law will continue to expand and become increasingly specialized.
Cryptocurrency
Unlike conventional currency, cryptocurrency and blockchain technology is not uniformly regulated in all jurisdictions. Despite a lack of regulations, a number of financial institutions and tech giants have begun creating their own in-house cryptocurrency. This is a point where finance lawyers and tech lawyers will surely converge.
In addition, businesses must comply with laws on money laundering, securities, and taxes. Since blockchain transactions are hard to reverse, disputes can be more complicated. As regulations change, companies need to stay updated to reduce risk.
Autonomous Vehicles
Self-driving cars are revolutionizing the way people get from point A to point B. Currently, only a few states have regulations for this new technology. The National Highway Traffic Safety Administration has issued general guidelines, but does not have the authority to control how individual states regulate autonomous vehicles.
This technology raises questions about liability and safety. If an autonomous vehicle causes an accident, responsibility may involve the manufacturer, software developer, or vehicle owner. As states continue to develop regulations, businesses involved in this industry must carefully manage risk and compliance.
Cloud Computing and SaaS Platforms
Cloud-based services and software-as-a-service (SaaS) platforms have become standard for many businesses. These models rely heavily on contracts that define data ownership, service levels, and liability. Poorly drafted agreements can expose companies to disputes or unexpected obligations. Working with an IT company attorney helps ensure these agreements clearly define responsibilities and protect business interests.
Complexities of Technology Law
Adhering to regulations in a largely unregulated sector can be challenging. Taking your best guess is not an ideal option when your company or intellectual property could be on the line.
Because of the relative newness of technology law, there are still a lot of grey areas, especially when documentation is lacking. It is important to keep accurate records of everything that has to do with technology creation and design, including timelines.
Issues of intellectual technical property become complicated when one or both parties place an equal value on the tech or trademark in question. It is not uncommon for the technological value to exceed the offered monetary value to settle. This can be an emotional response to the hard work both parties have put into the creation of the technology.
One big concern is that technology often moves faster than the law. Statutes are being created as issues arise, and responses can vary across jurisdictions. In the interim, as laws are created, an experienced technology attorney may be crucial.
Common Legal Issues Technology Lawyers Can Help Navigate
Technology companies often run into legal problems as they grow. Issues such as data management, contracts, and intellectual property can disrupt operations or lead to disputes if not handled early.
An experienced Orlando technology attorney helps businesses address common issues such as:
- Unclear or incomplete contracts. Poorly drafted agreements can lead to disputes. A lawyer drafts and reviews contracts to clearly define rights and obligations.
- Lack of intellectual property protection. Without protection, others may copy your technology. A technology lawyer helps secure and enforce patents, trademarks, and trade secrets.
- Data privacy risks. Improper handling of customer data can lead to liability. A lawyer advises on compliance and creates policies to reduce exposure.
- Software licensing confusion. Unclear terms can result in unauthorized use or lost revenue. An attorney structures licenses that protect your rights and income.
- Vendor or developer disputes. Misaligned expectations can delay projects. A lawyer drafts agreements and helps resolve conflicts before they escalate.
- Regulatory compliance issues. Technology laws continue to evolve, and legal guidance helps your business stay aligned with current requirements and avoid penalties.
An experienced technology attorney can help address these issues early. Early legal guidance can reduce risk, prevent disputes, and support long-term business growth.
Do You Need a Technology Lawyer?
In the rapidly evolving world of technology law, it can be easy to be left behind. For a business, proper collection, storagestoring, and disseminationdisseminating of any private customer information is complicated and fast-paced.
It is easy to make costly mistakes in the world of technology, and it’s crucial to keep up with changing laws and regulations. In the best interest of your company, it is important to have a technology attorney who is knowledgeable about your specialized industry.
One of the biggest benefits of working with tech lawyers is the peace of mind that comes with knowing that someone is looking out for your best interest. With new companies emerging every day, competition is fierce. Securing counsel from a technology attorney allows you to focus on what you do best without costly distractions.
A technology attorney is an important piece of any tech-centric business, from the formation of partnership agreements to patents, trademarks, and regulatory checks. The need for legal counsel becomes crucial if you are facing a claim against your business or filing one against someone else. You can be sure the other party in your legal dispute is not going it alone.
BrewerLong Can Be Your Trusted Partner
BrewerLong is a Florida-based business law firm that has been advising companies since 2008. The firm works with startups, growing technology companies, and established businesses across Orlando and Central Florida. BrewerLong focuses on providing practical legal guidance that aligns with real business goals. We help clients manage risk, structure agreements, and address challenges before they become costly disputes.
Meet Your Technology Lawyer
Ashley Brewer
Ashley Brewer, a dedicated Business & Branding Attorney at BrewerLong, specializes in navigating the complexities of business and technology contracts. With a keen focus on intellectual property licensing, GDPR counseling, and regulatory compliance, Ashley is adept at assisting new and growing businesses in the tech sector. Her expertise in ensuring careful planning and problem prevention makes her an invaluable asset for clients seeking to protect their technological innovations and contractual interests.
BrewerLong is a Florida business law firm specializing in helping small to medium-sized businesses in the field of technology law.
BrewerLong focuses on intellectual property protection and licensing, as well as serving as general counsel for various technology and information technology companies. Contact BrewerLong to speak with an experienced technology lawyer today!
Frequently Asked Questions
Do Technology Companies Need Ongoing Legal Counsel?
Yes. Many technology businesses benefit from ongoing legal support rather than waiting until a problem arises. An IT company attorney can review contracts, monitor compliance, and help address risks early, thereby reducing the likelihood of disputes or regulatory issues later.
What Types of Contracts Are Most Important for Tech Businesses?
Technology companies rely on several key agreements, including:
- Software licenses,
- Service agreements,
- Non-disclosure agreements (NDAs), and
- Vendor contracts.
These documents define ownership, payment terms, and responsibilities, helping prevent misunderstandings and protecting the business. A technology lawyer can help draft and review these agreements to ensure they protect the company and its goals.
How Can a Technology Lawyer Help with Data Breaches?
If a data breach occurs, a technology lawyer can guide your response. They can help you understand legal obligations, including notification requirements under Florida law. A lawyer can also assist with internal investigations and help reduce potential liability.
When Should a Startup Hire a Technology Lawyer?
Startups should consider hiring a lawyer early. Hiring Orlando technology lawyers during formation or before launching a product can help your company succeed. Legal guidance at this stage can help structure agreements, protect intellectual property, and avoid issues that could slow down growth or lead to disputes.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal resources during the content development process: