Technology contracts advice for charities

Computers, in the form of mobiles, laptops, tablets and other mobile devices, mixed with the internet, the "cloud" and social media are integral to our individual modern lives.

They are equally indispensable to our businesses and government in its various forms. The value of data (business and personal) is becoming increasingly recognised and, with it, the requirement to retain appropriate control of it, use it effectively and protect it.

We have been advising on the law and practice relating to this world of information and communications technology (ICT) for over 15 years. We work on a cross-departmental team to get the right balance of ICT expertise and the knowledge and understanding we have of the commercial and legal environment in which our clients operate.

We recognise that, whilst investment in ICT services and goods can vary from the thousands of pounds to over a million pounds, the value of the overall contract does not always reflect the potential harm to the customer if those services do not work as expected. We therefore seek to tailor our advice, and costs for that advice, to the significance of the service to the client balanced against the client’s budget for it.

Our areas of ICT related work include:

• master agreements for the design, installation and support of more complex ICT systems software and hardware systems;
• the creation, use and protection of ICT related intellectual property;
• software and website licensing and development agreements;
• internet trading, including website compliance, marketing compliance, distance selling and on-line contracting and consumer law and data protection compliance;
• ICT outsourcing, hosting and “as a service” or subscription based arrangements;
• the control and regulation of data and information, including data protection, freedom of information, investigatory powers (Regulation of Investigatory Powers Act 2000 regime) and confidentiality;
• the relationship between EU procurement law and ICT projects;
• staff and employment matters; and
• management of consequences of data and other confidentiality breaches and resolution of disputes.