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INFORMATION TECHNOLOGY LAW
We advise on all matters relating to IT law, e-commerce and the Internet.
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We have extensive experience in the specialized area of information technology law. We advise on, negotiate,
and highlight risk areas of all legal aspects relating to turnkey systems integration contracts,
software development,
e-commerce, and privacy and data protection. |
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 .Systems Integration Contracts |
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Today, advanced organizations use system integration contracts to procure IT solutions and services.
These turnkey contracts combine the integration of computer hardware, software (bespoke and standard), and services (installation, maintenance, support and training).
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Our advice to the client covers areas such as: |
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The scope of work - which needs to be very precise. |
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The obligations of the parties; these must be clearly stated. |
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The acceptance criteria and the tests and results expected to be achieved for acceptance,
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which should be thoroughly defined. |
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The supplier's warranty, to ensure that it extends to the performance of the system as a whole. |
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The disagreements and dispute resolution. |
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A careful negotiation of the contract achieves a good working relationship between supplier and customer,
and leads to a successful performance of the project.
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Outsourcing |
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Outsourcing gives organizations the flexibility required in a quickly changing global economy. It allows them to focus on their core competencies in highly competitive markets.
The risks involved in outsourcing are real and are often neglected or underestimated.
The most fundamental risk is the loss of control. Control has to do with responsibility: When information services are outsourced, the vendor takes responsibility for providing the services, but the customer must take responsibility for managing the vendor relationship and ensuring that the vendor performs according to requirements. Vendor responsibilities should be defined, at the outset, in the outsourcing contract.
Other areas of risk which we help the client to focus on: |
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How complete is the specification of requirements? |
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Are the requirements stated in measurable terms? |
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Is the vendor responsible to meet the customer’s requirements? |
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Are there the appropriate penalties and sanctions? |
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.Software Development & Licensing |
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The writing and testing of commissioned software is a notoriously difficult process to control.
We provide assistance in the drafting of the Functional Definition because of the critical importance of a detailed specification of the customer's requirements for both the contractor and the customer.
We also advise on the definition of the acceptance criteria: What are the tests data that will confirm compliance with the detailed specification and what are the results expected from the operation of the programs on such test data? |
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Other areas of advice include: |
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Title to the software: Contractors usually retain title to the software. Customers typically find it |
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unacceptable to finance a product that will be owned by the contractor. |
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Source Code: access to the source code and how to adequately protect it. |
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Penalties, liquidated damages and termination. |
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Governing laws and dispute resolution. |
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.The Internet |
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Today, most organizations make their products and services available for sale on the Internet. Some do business only on the Internet. More often than not, the two parties to the contract come from different countries - and the servers supporting the transaction may be located in a third country. |
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We advise the client on the rules applicable to business on the Net. |
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What laws apply to the supply of equipment through the Net? |
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What recourse is open to the buyer - in which jurisdiction? And pursuant to the laws of which country? |
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How can the data of an individual be protected during automatic processing of information? |
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Can trademarks and copyright be protected? |
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| Internet law is very dynamic - it is an area where the law is continually developing and where professional legal advice adds value. |
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