GFDL Advogados is familiar with the unique needs of startups and scale-ups and understands the impact of local, E.U., and international regulations and practices on these businesses.

Our founder-focused team provides tailored advice to startups operating in traditional and disruptive sectors. We quickly adapt our services to changing legal landscapes and regulatory environments.

We support startups and their founders from concept to exit.

We help:

1. Structure the business

A successful startup grows upon an appropriate legal structure. Each structure has significant implications (both advantages and disadvantages) regarding governance, liability, taxation, and the ability or easiness to raise capital. At GFDL Advogados, we emphasize the importance of discussing all the consequences of each operational and governance structure, selecting the one that aligns with the Founders’ long-term vision and the company’s short-term operational and capital-raising requirements.

2. Protect Intellectual Property

Protecting patents, trademarks, copyrights, and trade secrets is crucial during the internationalization stage of a startup’s life. It also is important to attract investment for knowledge-driven startups.

GFDL Advogados provides essential services, including filing patents and trademarks, drafting licensing and coexistence agreements, and handling local and international disputes.

3. Avoid traps and pitfalls in dealing with suppliers and clients

We support startups’ daily operations, including ongoing contract management and negotiation assistance. Typical contracts include employment agreements, service agreements, terms of use, licensing agreements, and partnership agreements. Our teams support startups in all aspects of their business. Such support often translates into day-to-day advisory during the negotiation and implementation of contracts. We ensure agreements are balanced, enforceable and compliant with Portuguese and E.U. law. We also advise on dispute resolution clauses and help startups and scale-ups mitigate potential risks by anticipating legal issues before they arise.

4. Attract and keep talent

Startups must navigate complex matters related to hiring and employment retention. Compliance with Portuguese and E.U. regulations is essential to avoid costly disputes and penalties. GFDL Advogados team members help startups implement compliant employment practices and workplace policies, as well as manage employee relations.

Employee stock options (ESOs) are a compelling talent attraction and retention tool. In Portugal, ESOs are subject to specific regulations and tax treatments requiring careful management and structuring. Our team assists in ESO plans that comply with Portuguese law, advise on tax implications and ensure plans are legally enforceable and aligned with the company’s growth strategy.

We also help navigate complex topics such as employee rights during mergers or acquisitions, founder’s fiduciary obligations, and avoiding litigious terminations.

5. Raise capital

For Portuguese startups, raising capital and conserving control requires in-depth knowledge of Portuguese laws and international practices. We offer proper legal advisory and coaching to support founders in securing favourable terms and keeping investor confidence.

GFDL Advogados helps startups understand the implications of different funding options and guides them in making informed decisions. Our advice comes in early, assisting in negotiations to safeguard our clients’ best interest in maintaining control while raising capital and addressing potential equity dilution.

6. Deal with Taxes and Social Security contributions

The increasing complexity of the Portuguese tax system can pose significant challenges for startups without dedicated financial expertise. Startups are often required to navigate the implications of cross-border transactions and ensure compliance with international tax laws.

GFDL Advogados help startups optimize their tax strategies, comply with tax obligations, and tap into tax incentives. Additionally, we help navigate the most complex aspects of international taxation, designing and maintaining tax-efficient global operations. Furthermore, specific business models face higher than usual tax attrition, and advisory during product design may save costs and allow for viable options.

8. Solve or avoid disputes

As startups grow, so do the chances for disputes. Effective dispute resolution and prevention are crucial to minimize disruption and avoid resource draining. We step in when litigation is unavoidable, and startups need solid legal representation to protect their interests.

Our assistance goes beyond mediation, arbitration, and representation in court. We help startups develop strategies for avoiding disputes through careful contract drafting and proactive risk management by managing relationships with third parties.

9. Regarding Data Protection and Privacy

Data protection and privacy are critical topics for many startups, especially those in the digital space. Often, managing data protection and privacy matters can be challenging for startups that lack in-house expertise.

We provide essential guidance on GDPR compliance, helping startups implement data protection policies, conduct impact assessments, and respond to data subject requests.

10. In Mergers and Acquisitions (M&A)

M&A deals are a significant milestone in any company’s lifecycle and often entail a complex process involving extensive legal, financial, and operational concerns. Startups and investors must be well-prepared to navigate and discuss valuation discrepancies, regulatory uncertainty, cultural integration, and critical talent retention strategies. Furthermore, identifying and screening assets, liabilities, contracts, and other material aspects is a must. GFDL Advogados advises both Founders and Investors (and other stakeholders) during all stages of an acquisition, merger or exit. We are often called upon to assist in the due diligence processes, negotiate terms and warranties, review other legal documents, obtain regulatory approvals, or provide post-transaction support.