Negotiating Technology Contracts, 2nd Edition
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Negotiating Technology Contracts, 2nd Edition

Edited by Kit Burden · Duncan Pithouse · Mark O'Conor
Globe Law and Business August 2023

Specifications

ISBN-13
9781787429796
Publisher
Globe Law and Business
Publication
August 2023
Format
Hardback , 250 pages
Jurisdiction
International ? Countri(es) for reference only

Details

Technology underpins everything we do, and the contracts which underpin the delivery of technology-related services are important from both an economic and social perspective. Negotiating technology-related contracts can, however, be challenging: for the uninitiated or uninformed, the significance of the points under discussion may be unclear, confusing and often at odds with the outcomes one might expect in more traditional ‘bricks and mortar’-style contracts.

To avoid unnecessarily protracted negotiations, it is essential to have a clear understanding of: (i) what each part of a technology-related contract is designed to deal with; (ii) what the customer and service provider seek to protect; and (iii) what solutions or compromises are available.

This second edition provides a practical, commercial guide to negotiations without a heavy focus on ‘black letter law’, and seeks to explain the perspectives of both sides of the negotiating table on a clause-by-clause basis, clearly setting out the key points they will want to protect – and why – while also offering suggestions as to what they may be willing to concede or compromise upon. It is written with the benefit of DLA Piper’s unparalleled view of the global market for technology sourcing and outsourcing projects, and from acting for customers and service providers in this space over many years and in many jurisdictions.

Chapters cover the common negotiating ‘battlefields’, from service descriptions and service levels through to warranties, indemnities, liability provisions and termination rights. The authors also examine issues associated with particular technology-related engagements, such as those based on agile methodologies, those involving the use of AI-based solutions, or those operating within heavily regulated sectors.

This edition will be of interest to anyone involved in technology-related contracts, whether acting for the buy side or sell side, and whether working within law firms or legal departments or more general commercial functions who have a need to understand the way in which such contracts work.

Table of Contents

Table of contents
Introduction
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1. Due diligence in outsourcing arrangements
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
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1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
3. Compliance with laws and regulations
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential compromises
4. Service level agreements
1. Introduction
2. Service level models
3. The customer perspective
4. The service provider perspective
5. Potential solutions
5. Use of agile methodologies
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
6. Warranties
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential compromises
7. Relief/excused events
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
8. Intellectual property provisions
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
9. Data protection liabilities
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
10. Benchmarking in outsourcing transactions
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
11. Setting limits of liability
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
12. Excluded liabilities
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
13. Unlimited liabilities
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential compromises
14. TUPE in outsourcing agreements
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
15. Termination rights
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
16. Step-in provisions
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
17. Audit rights
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
18. Dispute resolution provisions
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
19. Negotiation in practice
1. Background
2. Initial considerations
3. The procurement process
4. Key contract aspirations of the parties
5. Likely areas for key debate and potential solutions
20. Contracting for AI
1. Introduction
2. The European approach
3. The UK approach
4. The US approach
5. Common ground
6. Contractual provisions
7. How does AI work?
8. Description of functionality
9. Intellectual property
10. Bias
11. Explainability
12. Service performance
13. Liability
14. Termination
15. Exit
21. Types of technology contract
1. Introduction
2. Software licence
3. Software maintenance
4. Hardware provision
5. Hardware maintenance
6. Cloud services
7. Outsourced/managed service
8. Website/online terms
9. Tech/network services
10. IP transfers and joint ventures
11. Technology-related consultancy services
22. Cloud services
1. Introduction
2. The customer perspective
3. The service provider perspective
4. Potential solutions
23. Regulated procurement
1. Regulated procurement in the public sector
2. Regulated procurement in the financial services sector
24. Managing contract disputes renegotiation
1. Introduction
2. Causes of contract disputes
3. Managing disputes

Conclusion

About the Author

Kit Burden, Duncan Pithouse and Mark O'Conor - DLA Piper

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