Developing ICT solutions is a complex process which often is difficult to manage, particularly when providing tailor-made solutions. And unforeseen circumstances may arise during the development phase. These may relate to aspects such as completion times, unexpected bugs and failures or interoperability with the client’s existing hardware or software. Most problems and conflicts relating to liability, for instance, can be avoided by ensuring clear agreements are made between the developer and the client.
There are a wide range of ICT contracts. The most well-known are software licenses (ranging from a software development agreement to an End-User License Agreement (EULA), Application Service Provider (ASP)/SaaS agreements and escrow contracts. Standard general terms and conditions from trade and industry associations, such as the Federation of Dutch IT Businesses (FENIT) or the Netherlands Federation of Branches of Technology (FHI), are often used for ICT agreements.
Amendments or additions almost always need to be made to these standard terms and conditions to ensure they correspond to the specific contract.
Some organisations are required to maintain a register of processing activities under the General Data Protection Regulation (‘GDPR’).
Now that the UK Parliament has rejected the withdrawal agreement which was prepared by the UK Government and the EU institutions, questions are mounting about what to expect now and which preparations may be in order. Does your organisation need legal advice on Brexit?
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