Developing ICT solutions is a complex process that is often difficult to manage, particularly when providing tailor-made solutions.
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 concluding clear agreements between the developer and the client.
There is a wide range of ICT contracts. The best-known would be 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. Therefore, it is recommended for an organisation to have their own general terms and conditions, as these will be tailored to the relevant business operations.
Legal ICT can help you draft or review your, or your client’s, IT-contracts.
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Send an e-mail to: firstname.lastname@example.org or call us at: +32 (0)2 535 77 55. You can also use the form below: one of our legal advisors will get back to you very soon.
Every organisation needs their own general terms and conditions/terms of service, tailored to their needs.
With the help from a well executed Privacy Impact Assessment you document which data are going to be collected, why this is needed, how the data are going to be used and shared, and how the security of that is guaranteed. When the Global Data Protection Regulation (GDPR) comes into effect on the 25th of May 2018, PIA’s are mandatory in certain situations.
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