Cases involving large-scale IT contracts are quite rare and the recent case provides a useful judgement for matters involving digital transformation projects which have gone wrong.
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 their 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 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 you, balanced against your 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 online 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.
A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
We have been working with care homes to update their contracts and advise on the risks of charging the resident a regular “top-up” or additional fee where a resident is funded through NHS CHC
Throughout this pandemic, the Competition and Markets Authority (CMA) has been publishing various “Statements on Coronavirus” (Statements) which provide guidance on consumer rights during this time.
The Government has released Procurement Policy Note 04/20 “Recovery and Transition from Covid-19” (the PPN), building on and updating PPN 02/20.
The regulations came into effect on 14 January 2019 and create new tools to help brand owners enforce their rights.
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