All companies rely on technology to some degree - whether for core corporate functions such as payroll and invoicing, for business-critical service lines or for selling to customers. The contracts that underpin your software are critical to managing potential risks and limitations. Working with an experienced information technology law firm will ensure that you have access to legal advice with a deep understanding of the complexities and key issues that can arise within this area.

Our dedicated Information Technology (IT) team has a wealth of knowledge in handling a wide range of technology-related contracts, easily recognizing "industry standard" as well as potential pitfalls and technical limitations that can impact legal teams.

We pair in-depth knowledge of the IT industry with experience across a range of sectors including automotive, retail, financial services, life sciences and energy.

Our public sector lawyers draw on our support for central and local government procurements of technology systems. We also have a powerful ally in our IT Litigation team. We work closely with them to stress-test key clauses and gain a litigator's insight.

Our information technology lawyers have acted on agreements for software performing every type of function - from access card systems for buildings, to pension portal software, huge ERP systems, retailers' e-commerce websites and financial services brokers' platforms. They have looked at agreements for every aspect of the technology – design, development, configuration, customization, implementation, hosting, support and system integration – and at agreements for all different licensing models – on premise licensing, SaaS, private cloud, public cloud, PaaS (and 'anything'-as–a-Sevice).

We understand the digital infrastructure required to deliver systems virtually, acting on projects such as installation of WAN networks in warehouses or between offices, installation of dark fiber into commercial properties and installation of Wi-Fi within retail estates. We even act for data centre operators. Understanding the complexities of IT supply chain and technology stacks, we alert our clients to the key risks and legal issues and provide solutions to help mitigate them.

Increasingly, our information technology lawyers review and advise on data-related agreements as businesses look to extract value from data that they hold or to create new services by combining and analyzing data. We work closely with our head of Artificial Intelligence (AI) and Intellectual Property (IP) team to guide clients through this exciting emerging area.

Contract Drafting and Negotiation:

·        Drafting and negotiating SaaS agreements, subscription agreements, and service level agreements (SLAs) between SaaS providers and customers.

·        Defining terms and conditions, including pricing, licensing, data ownership, and termination clauses.

Intellectual Property Protection:

·        Advising on intellectual property issues, including copyright protection for the software, trademarks for the SaaS brand, and protection of trade secrets.

·        Drafting and negotiating licensing agreements to protect the intellectual property rights of the SaaS provider.

Data Privacy and Security:

·        Ensuring compliance with data protection laws and regulations, such as the General Data Protection Regulation (GDPR) and other regional data protection laws.

·        Drafting privacy policies, data processing agreements, and addressing security measures in SaaS contracts.

Compliance and Regulatory Issues:

·        Providing guidance on regulatory compliance related to the SaaS industry, including industry-specific regulations that may impact the use of SaaS solutions.

·        Advising on export control regulations and international data transfer compliance.

Service Level Agreements (SLAs) and Performance Issues:

·        Drafting SLAs to define the expected performance levels, uptime, and service standards of the SaaS application.

·        Assisting in dispute resolution and breach of contract issues related to SLAs.

Vendor and Partner Agreements:

·        Drafting agreements with third-party vendors and partners involved in the development or delivery of the SaaS solution.

·        Negotiating terms with subcontractors or cloud service providers used in the SaaS infrastructure.

Regulatory Advocacy and Licensing:

·        Assisting SaaS providers in obtaining necessary licenses and permits for their operations.

·        Engaging in regulatory advocacy to shape policies that may impact the SaaS industry.

End-User License Agreements (EULAs):

·        Drafting EULAs for end-users, outlining the terms and conditions of use, restrictions, and disclaimers.

·        Addressing issues related to user conduct, liability, and warranties in EULAs.