Pre-contractual phase: overview of possible legal constraints (public procurement; obligation to negotiate in good faith and obligation of information) and the divergence between the pre-contractual phase and the contractual phase (confidentiality agreement and four corners clause).
Conclusion of an IT contract: legal constraints in respect of the content of the agreement, interdependence between linked agreements, supplier and customer obligations, service description, service levels, liability, IPR, data protection and labour law aspects.
Management of an IT contract: change request and escalation procedures, revision of financial conditions or service levels during the contract following benchmarking, the possibility of auditing the other party, etc.
Exit of an IT contract: termination rights and ensuring continuity.
Experts: Vincent Wellens and Carmen Schellekens (Nautadutilh Avocats Luxembourg)
Level: Beginner – Advanced
Objectives:
– Better understand the standard clauses in IT contracts
– Ask yourself the right questions in the negotiation and management of IT contracts
– Formulate the right answers and, as a result, be better positioned in discussions with the other contractual party or parties
– Understand which clauses are particularly important depending on the type of IT contract concerned
– Provide some tips to use when writing IT contracts
IMPORTANT
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