Mariska advises, negotiates and litigates on implementations, development, transactions and disputes relating to IT/Tech contracts. In short: she is a hands-on, sharp and trusted advisor to clients that need legal assistance, guidance and/or action with respect to IT projects. She has substantial experience litigating cases before the Dutch courts, including summary judges, district courts and courts of appeal as well as in arbitral proceedings.
Mariska often works on complex cases where she negotiates side by side with clients on new software or hardware implementations (including for instance medical equipment), and is a practical advisor when it looks like a technology project might fail. She has broad experience in the areas of outsourcing, Cloud, SaaS, software implementation, software and hardware maintenance and licence agreements. Mariska also advises and litigates on cases involving intellectual property rights (including copyrights), online reputation and unlawful publications.
Clients that Mariska has worked for include a variety of healthcare institutions, governmental organisations, international traders, e-commerce platforms, real estate investors and financial institutions.
Mariska regularly teaches on legal subjects relating to her practice. In addition, she has also developed a witness familiarisation programme for preparing/training witnesses for court, arbitral tribunals and political tribunals. This training is often organised in cooperation with employers (among which governmental organisations) that want to help their employees to be well prepared for interrogations and avoid the in securities and pitfalls which distract from the actual statement the witness wants to deliver.
Before joining The Data Lawyers in November 2020, Mariska worked as a lawyer (IT law, commercial contracting and litigation) at the international law firm Loyens & Loeff for over thirteen years (2007 - 2020). Prior to obtaining her law degree (2007, Erasmus University Rotterdam), Mariska studied History at the Erasmus University in Rotterdam (2005, cum laude). In 2017, Mariska finished a post-academic degree on Information Technology Law at the Grotius Academy (University of Nijmegen, cum laude).
What others say about Mariska
Legal 500: "Mariska Kool has exceptional analytical skills, is a creative thinker and is a very strong mediator." (2020)
Zorgvisie: Mariska Kool was ranked as a top 5 IT lawyer within the Health sector by her peers in the listings issued by Zorgvisie (leading magazine for the Dutch healthcare sector) (2018).
Network and memberships
Mariska has a broad international network in the field of IT Law. She is a member of the International Technology Law Association (ITechLaw), a member of VIRA (Vereniging Informaticarecht Advocaten – the Netherlands Association of IT lawyers) and NVvIR (Nederlandse Vereniging voor ICT en recht – Netherlands Association for Information Technology and law).
On January 1st 2021 the Dutch Franchise Act became effective. This blog contains an overview of the main aspects to bear in mind now that (for the first time) statutory rules apply in the Netherlands with the aim to (better) protect the interests of franchisees.
The use of software through the cloud entails certain risks. One of those risks is that the supplier of the cloud software may go bankrupt. If that happens, it is uncertain whether access to the cloud based software and the data stored in the cloud remains possible and uninterrupted. In practice, multiple continuity solutions have been developed to protect the interests of cloud users. The question is though, whether – and under which conditions – such solutions are legally maintainable under Dutch law.