For this post, I interviewed cyber security expert Emma Osborn of OCSRC Ltd. Emma has recently produced a range of template cyber security documents in collaboration with SEQ Legal (available on Docular and Website Contracts), and in this post we explore the function of these documents in the SME context.
Blog posts: information technology law
- Legal area:information technology law
Back in October 2012 I wrote this post on the different relationship models that may be used in software-as-a-service (SaaS) channel partner agreements. To my surprise, the post provoked quite some interest. Since 2012, I've drafted and negotiated many more such agreements. Nonetheless, I still find that SaaS reseller agreements can be tricky; and if the initial approach isn't right, you can waste a lot of drafting and negotiation time.Legal area:contract lawinformation technology law
Written contracts covering the provision of software support services often incorporate some kind of service level agreement, or SLA for short. If you have been tasked with preparing or negotiating a software support SLA, and are looking for some guidance, this post should help you.
SLAs may cover more than just software support services. For example, where hosting, hosted services and/or software maintenance are being provided, an SLA may also cover aspects of those services. For the purposes of this post, however, I look only at support services.Legal area:information technology law
The term EULA is widely abused: I've just finished a telephone conference where it was applied, by someone who should know better, to a proposed contract covering not only licensed software but also hosted software services, consultancy, support and much else besides. I therefore want to clarify what I mean by EULA and "end user".Legal area:information technology law
Cloud services reseller agreements seem to be in vogue. Enquiries about agreements for the resale of software-as-a-service systems keep cropping up in my inbox, and I've taken on several instructions in the past few weeks. Software vendors have long relied upon resellers to market and sell traditional software licences. Quite naturally, the reseller model is being extended to cloud services. But the legal issues – and the contract models - can be quite different. There are three different approaches that I have come across, and another one that I haven't seen in the wild, but that should work in the right circumstances.Legal area:information technology law
- It's axiomatic that intellectual property rights are transferable. A change of ownership of physical property can be evidenced by a change of possession; not so with intellectual property (IP). For this reason, IP transfers should always be embodied in a written instrument. Indeed it's often is a legal requirement that IP transfers be in writing. This short post is about the use of such instruments to transfer the IP rights in software.Legal area:information technology lawintellectual property law
- Drafting a software development agreement? Then check here to see if you've missed anything. This checklist is designed to help those new to software development agreements ensure that they have considered the principal issues that a typical agreement should cover. It also provides a little guidance as to the different approaches to some of the the issues.Legal area:contract lawinformation technology law
- What is an indemnity? Broadly, and indemnity is a compensation payment or an obligation to make a compensation payment. Should you include an indemnity in your IT contract? And if so, what sort of indemnity? Indemnities in IT contracts come in different shapes and sizes. Whether it is appropriate to include an indemnity in a given contract will depend upon a range of factors. In this post, I explore some of these factors.Legal area:contract lawinformation technology law
- Non-disclosure agreements (NDA) impose obligations to refrain from disclosing information, take measures to protect the confidentiality of information and/or use information only for a specified purpose or purposes. In this post, I look at the issues surrounding the use of NDAs in the IT industry, and consider some of the the typical situations in which they may be used.Legal area:contract lawcommercial lawinformation technology law
- Personal data has no easy, clear-cut legal definition. The definition set out in the Data Protection Act 1998, enacted following European legislation in the form of Directive 95/46/EC, leaves businesses and their advisers dealing with a significant amount of uncertainty.Legal area:data protection lawinformation technology law