Negotiation, advice and strategy

IT as a service

It has been popular for many years to buy printing, workplace, applications, telephony etcetera as functions. This makes costs easier to forecast, and reduces the need for in-house IT expertise. Purchasing functions differ from conventional purchasing of licenses. This is especially true for implementation, trouble-shooting, upgrades, further development, pricing, Service Level Agreements and contract termination.

Outsourcing

Outsourcing is often used as a sales term in a large number of business models, among others back-office and cloud services. Traditional outsourcing, where a supplier takes over a client’s IT operations, often includes a long-term agreement to guarantee the supplier’s return on investment. Among other factors, it is important to regulate transition, the purchase of services and functions, license rights, who determines the environment and when and how upgrades are made, options for further development as well as Service Level Agreements and, not least, contract termination. Contract duration is often long, and it is therefore important to identify price models that ensure pricing remains competitive.

Operation and hosting

Companies that want to control their IT environment at an application level, but want to avoid investing in infrastructure, often opt for an operation/hosting agreement. In such cases, the company procures and maintains hard- and software themselves, while the supplier typically manages the premises, electricity supply, some monitoring capacity, physical security etcetera. Service contracts are used to regulate operational parameters for servers, help desks, Service Level Agreements, monitoring and measures connected to serious incidents.

System procurement

The procurement of a new ERP, CRM or accounting system is often mission-critical for a business. Moreover, it is a challenging process which can be made easier with the support of an experienced lawyer.

Electronic distribution

Distribution over the Internet is becoming increasingly important, but it is frequently complex. The travel industry is one example of a segment with many actors, (consolidators, retailers, agents, distribution systems), and often multifaceted relationships. For several links in the chain, it is important to avoid getting less favorable conditions than rivals, while producers want to retain the freedom to sell through their own channels on more favorable terms. This complexity increases the need for clear strategy and structure.

Licensing

How a software program or other rights may be used is usually regulated in a license agreement, e.g. how long, at what price and in what way such rights may be exercised. The purchase of licenses is often combined with an operation/hosting agreement.

Internet and e-commerce

Sales of goods and services over the Internet grow every year. Good business systems, secure payment solutions and physical deliveries are components that need to be contractually agreed to support businesses.

Cloud services

IT services provided over the Internet, for example the storage of data and email, are commonly referred to as cloud services, or cloud computing. Essentially, such services involve the buying of cost effective operational/hosting or back-office services. Attractive pricing is made possible by concerted standardization, and by suppliers being given the freedom to decide from where and how services are supplied, and how services are designed. Data can often be stored outside the EU/EEA and therefore particular attention needs to be paid to the handling of personal data. Since customer information is stored on servers that can be physically located in different places and countries, it is important to regulate the parties’ undertakings when the contract expires.

Privacy and personal data

User and customer data are valuable commodities for many companies. Personal data protection in the EU is among the strongest in the world, and the Personal Data Act must always be observed. Personal data is anything that can identify a living person life. It needs to be managed in relation to conventional contracts, data collection and in a variety of other situations.

IT-lawyers is Sweden’s representative for the global network Privacy Europe. The network consists of partners from different parts of the world who are all specialists in data protection law. Privacy Europe offers companies legal advice within the data protection area.

Digital marketing

Digital marketing is the marketing of products or services via digital communication channels. It covers all aspects of modern life that includes a digital component, for example, mobile phones, text messages SMS/MMS, websites, banners, blogs, social media and so on.