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Resources

Latest IT law, outsourcing and e-commerce legal updates

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All Technology Briefings are displayed below.

Are you being replaced? How to deal with maternity discrimination

Posted 5th April 2017 by Claire Gilbert, Consultant - Employment Law

A report from the Equality and Human Rights Commission found that 54,000 women a year are forced out of work after having a baby. Love it or loathe it, BBC drama The Replacement addressed the job insecurity many women on maternity leave face, here’s how to cope if you feel forced out

“An Intellectual Divorce”: Brexit and Intellectual Property Rights

Posted 7th March 2017 by Shazanna Safdar-Karim, Director

“An Intellectual Divorce”: Brexit and Intellectual Property Rights

Ready, Steady… GDPR Ready?

Posted 23rd January 2017 by Shazanna Safdar-Karim, Director

From 25 May 2018 the General Data Protection Regulation, "GDPR", will be applicable in the UK. Shazanna Safdar-Karim looks at what this means for businesses in the UK.

Dealing with IT suppliers: negotiating nous

Posted 10th July 2014 by Gavin Wakefield, Director

Buying technology is one thing - outsourcing technology requires even more rigour. Gavin Wakefield takes you through the key questions and pointers.

Privacy matters in Internet of Things innovation race

Posted 7th May 2014 by Stephen Ollerenshaw - Director

Technology Law Alliance Director, Stephen Ollerenshaw, comments on the issues of privacy and security becoming increasingly more of a concern to the manufacturers of internet-enabled "things".

Success by Planning for IT Project Failure (Part 2)

Posted 22nd February 2012 by Jagvinder Kang, Director

In this edition of Success by Planning for IT Failure, we continue to consider certain prudent steps one needs to take in the context of IT projects, with our focus being on the topic of ‘Acceptance Testing.’

Success by Planning for IT Project Failure (Part 1)

Posted 22nd February 2012 by Jagvinder Kang, Director

When one is planning an IT project, one should always be taking a positive approach, planning for and striving for success. However, it would be foolhardy not to also plan for failure. The ‘what if’ scenario therefore clearly needs to be contemplated and addressed, both practically and contractually.

Liquidated Damages

Posted 17th October 2011 by Jagvinder Kang, Director

IT projects usually have a degree of urgency, but certain projects have activities which are vitally important, or at least on the critical path to achieve ‘go live’ in a timely manner.

Whose Contract Is It Anyway?

Posted 29th June 2011 by Jagvinder Kang, Director

We have discussed various legal issues in these Technology Columns, however, an issue which arises at the outset of all of these transactions, is that of whose document is to be used as the basis for the contractual arrangements. There tends to all too often, be a knee jerk reaction from a customer’s legal team, for the customer’s contract to be used. Usually, this is the wrong way to approach things, as we will consider in this edition of the Technology Column.

Third Party Troubles: Group Companies & Affiliates

Posted 29th June 2011 by Jagvinder Kang, Director

It has, and continues to be, quite common to include third party rights for group companies into a technology contract. However, one needs to be alive to some of the associated considerations from both a customer and a supplier perspective, to ensure that obligations are only applicable to the extent intended by the respective parties.

Empowering the IT Team in Business Contracts (Part 2)

Posted 29th June 2011 by Jagvinder Kang, Director

Internal IT execs rather than external IT consultants, need to lead the way when it comes to contracts and procurement. In the last blog we recognised the need for IT executives to become more involved in contractual discussions and contract formation, as after all, it is the internal IT executives who are more likely to have their finger on the pulse with regard to the requirements of a technology procurement.

Empowering the IT Team in Business Contracts (Part 1)

Posted 29th June 2011 by Jagvinder Kang, Director

Not enough time – not enough budget – scope creep – are all concepts which at some point get associated with various IT projects. Well it’s not just the IT projects themselves that find themselves falling foul of this, but also the associated contracts – as what does not cease to amaze me, is how often technology contracts are rushed.

Flow Downs: Cloud or Otherwise

Posted 23rd June 2011 by Jagvinder Kang, Director

A lot of ‘buzz’ and issues continue with Cloud computing, however, although the arrangements give rise to certain new considerations, a lot of the issues remain the same from an IT contracting perspective – including on the topic of ‘flow-downs.’

Data Processing in the US: Impact of the USA Patriot Act

Posted 21st April 2011 by Jess Brown, Senior Counsel

Invariably outsourcing and IT contracts contain obligations to comply with data protection legislation. Where the contract involves the processing of UK personal data in the US, the parties will, alongside duties under the Eighth Principle of the Data Protection Act 1998 (to ensure the supplier satisfies safe harbor rules or otherwise agrees to adequately safeguard individual’s data), need to consider that these obligations will be subject to requirements imposed by the USA PATRIOT Act (long title: “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001”). This Act was enacted by President George W. Bush following the terrorist attacks of 2001, to facilitate intelligence gathering.

Computing Blog - Flow-downs - Liability Arrangements: Cloud or Otherwise

Posted 21st April 2011 by Jagvinder Kang, Director

As I wrote this legal blog, I was sitting in sunny Bangalore at a technology legal conference - and a question was raised by an Indian IT vendor regarding the issue of flow-downs - it made me think that it would be a topic worthy of a blog.

Cloud Computing - Using the Cloud for Data Migration and The Legal Implications

Posted 21st April 2011 by Jagvinder Kang, Director

The hype about cloud computing is all around and it is important to distinguish between the perceived benefits, actual benefits and associated risks.

Cloud Computing - Blue Sky Thinking or Head in the Clouds?  (Part 2)

Posted 21st April 2011 by Jagvinder Kang, Director

In the previous edition of the Technology Column, we looked at the different types of Cloud computing services. In this edition, we will continue the theme on Cloud computing by considering the different Cloud models, namely: Private Cloud; Public Cloud; Hybrid Cloud; and Community Cloud.

Cloud Computing - Legal & Business Issues (Part 2)

Posted 21st April 2011 by Jagvinder Kang, Director

In the previous edition of the Technology Column, we started the focus on some of the business and legal issues associated with Cloud computing arrangements. We will be continuing the theme in this second instalment on the topic by focussing on: - service levels, service credits and liability arrangements; - business continuity and disaster recovery measures; and - term and termination rights of the respective contract.

Cloud Computing - Legal & Business Issues (Part 1)

Posted 21st April 2011 by Jagvinder Kang, Director

In the previous editions of the Technology Column, we looked at the different types of Cloud computing services and models. Having now provided this backdrop to what Cloud computing entails, we will be looking at certain of the business and legal issues associated with such different models in this and the next instalment.

Cloud Computing - Blue Sky Thinking or Head in the Clouds? (Part 1)

Posted 19th October 2010 by Jagvinder Kang, Director

One would think with all of the hype about ‘Cloud Computing’, that this is a novel concept which is going to revolutionise the IT industry. Well it certainly is not a novelty, as I have been advising on cloud computing contracts for over a decade, although those agreements were not called ‘cloud computing’ then – but ASP or Application Service Provider contracts, or hosted or managed service arrangements, to name a few of their aliases.

Bulletproof Technology Contracts

Posted 17th September 2010 by Jagvinder Kang, Director

This edition of the Technology Column is on the topic of 'Bulletproof technology contracts.' It could be quite a brief article, by saying that such contracts simply do not exist (unless of course one side has not been properly legally advised!). However, the reason for broaching the topic, is that unfortunately, there are a number of businesses that think that not only do such contracts exist, but that they are also entitled to have them! To make matters worse, sometimes it is the respective supplier or customer client’s lawyer that spurs them on with such thinking.

The Apple iPad & Safeguards Against The Associated Risks

Posted 5th August 2010 by Jagvinder Kang, Director

With the iPad having launched in the UK, and assured to generate the same euphoria that it has already achieved in the USA, it is important for organisations not to lose sight of key security, legal and practical safeguards.