Inga Szweryn

In life sciences, commercial relationships rarely follow a standard template. Whether you are licensing technology, partnering with a research institution, entering a distribution arrangement, or working with a contract manufacturer, the contracts that govern these relationships must account for sector-specific risks such as regulatory change, product liability, intellectual property ownership, data protection, and supply chain continuity.

Running a life sciences company comes with a distinct set of corporate and governance challenges. The sector brings together scientific founders, institutional investors, and strategic partners, each with their own expectations, decision-making styles, and legal obligations. Getting governance right is not a formality: it determines how decisions are made, how conflicts are managed, and how your company is positioned for sustainable growth or a future transaction.

Data is the backbone of the life sciences sector, driving innovation during the R&D phase, scientific research, patient care, and regulatory compliance. Data collection and processing however is subject to a wide array of legislation which directly impact the commercial viability and regulatory compliance of your product or service. But with the GDPR, the European Health Data Space Act (EHDS Act), the Data Act, the Network and Information Security Directive (NIS II Directive), and the AI Act, the regulatory landscape for (personal) data and AI is increasingly complex, particularly where these laws interact with product legislation such as the Medical Device Regulation (MDR) and In Vitro Diagnostics Regulation (IVDR). The interaction between these frameworks demands an integrated compliance approach.

Before entering into a transaction or a collaboration with another party, it is essential to understand what you are dealing with. In life sciences, that is rarely straightforward. The value or risk of a counterparty is often concentrated in assets and arrangements that require specialist knowledge to assess properly: a regulatory approval that may be narrower in scope than it appears on paper, an IP portfolio with unresolved ownership questions, or supply chain arrangements that carry hidden compliance risks. Identifying these issues before you commit determines whether a deal or partnership delivers what you expect.

Financing rounds and M&A transactions in life sciences are not standard corporate deals. Intellectual property, regulatory status, (pre)clinical data, and sector-specific compliance requirements all form part of the value and risk profile of any transaction in this space. Whether you are raising capital through equity rounds or (convertible) loans, or preparing for an exit through a sale of shares or assets, the legal complexity demands more than a generalist approach, and mistakes made during a transaction can be difficult and costly to correct.

Across the life sciences, intellectual property (IP) is a critical asset. Whether you are developing a new pharmaceutical compound, a medical device, a biotech innovation, or a novel food ingredient, protecting and leveraging your IP is essential for long-term commercial success.

Disputes in the life sciences sector arise in many forms: product liability claims, complaints, contractual breakdowns, regulatory enforcement actions, intellectual property conflicts, freedom of information procedures, or challenges to product authorisations. Whatever the nature of the dispute, effective litigation in this sector requires more than legal skill. It requires a thorough understanding of the technical and regulatory context in which the conflict arose, as that context often determines both the strength of the legal arguments and the practical outcome of a case.

Life sciences companies regularly find themselves on the receiving end of government action. Regulatory authorities such as the Dutch Health and Youth Care Inspectorate (IGJ), the Dutch Food Safety Authority (NVWA), the Dutch Data Protection Authority (AP), and the Netherlands Authority Consumers and Markets (ACM) have broad powers to investigate, sanction, and impose corrective measures. At the same time, companies may face freedom of information requests at governmental authorities or need to comply with other legal obligations that risk exposing confidential business data, or must navigate strict procurement rules when contracting with public institutions. In each of these situations, you are dealing with a government body that operates under its own legal framework, and you need a legal partner who knows both that framework and your sector inside out.

Spin-outs and life sciences starters sit at the crossroads of company formation, intellectual property, financing, and regulatory compliance. Whether you are a researcher spinning out a venture from a university or knowledge institute, or an entrepreneur launching a life sciences startup, the early decisions you make on corporate structure, IP-ownership, funding, and team incentives will shape the trajectory of your company for years to come. Getting these foundations right from day one is a necessity.

Public funding plays a vital role in driving life sciences innovation in the Netherlands and across Europe. Government subsidies, grants, and publicly financed R&D programmes can provide the capital you need to move from early-stage research to clinical development and beyond. However, accessing and managing public funding comes with its own set of legal requirements: eligibility conditions, state aid rules, consortium governance, intellectual property allocation, and detailed reporting and audit obligations all need to be managed carefully. One misstep can trigger clawback of funds, exclusion from future programmes, or unexpected state aid complications.