Legal

Privacy issues, security issues, revisions and access, avoidance of lock-ins, disclaimers, flexibility/scalability of solutions, SLAs and penalties, price models/cost prediction and choice of law and dispute settlements are among the topics covered by our legal services. 

 

  • * Advice on using relevant standard agreements or drafting new agreements if necessary
  • o Assessing the need for a possible pilot agreement
  • * Counselling related to contracting and ensuring protection of key circumstances. Securing that the solution can fulfil technical and functional requirements
  • o Privacy issues (GDPR)
  • * Personal information and data processing agreement – agreement between data processor and data controller 
  • * Data ownership and access (data portability)  
  • * Privacy by design – privacy must be ensured in the entire process of engineering 
  • * Data portability – allowing transfer of personal data from one supplier to another.
  • o Security issues – securing that customers requirements are covered in the agreement.
  • o Revision and access
  • * Analyzing and finding the suitable regime for revision and access to the supplier systems and the relevant subcontractor systems 
  • o IPR – Analyzing and finding the right balance between cost, control and flexibility 
  • o Avoiding lock-in 
  • * The agreement should have well-defined exit activities, to avoid customer lock-in
  • * The supplier should be obliged to contribute to transfer of knowledge and all relevant customer data.
  • o Disclaimers
  • * These are contractual clauses intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties. It is important that the disclaimers don´t limit the customers “normal” rights or transfer risk from the supplier to the customer above what is reasonable.
  • o Limitations of liability 
  • * Needs to be balanced and in accordance with the contractual amount, risk and the systems criticality for the customer.
  • o Flexibility/scalability 
  • * Regulation to secure necessary flexibility/scalability to cover customer needs for the solution over time.
  • o Price model and cost predictability
  • * Finding the right price models suitable for the solution and the contract as a whole and being cost predictable.
  • o Service level agreement (SLA) and penalties
  • * Important service commitment that prevails between the supplier and customer. Particular aspects of the service – quality, availability, responsibilities.  Crucial to find the right balance taking into account standard services, customer needs, risk and price.
  • o Choice of law and dispute settlement
  • * E.g. for cross-border agreements it is important to agree upon a national legislation and jurisdiction or at least a legal venue and law knowlegde to the customer.
  • * Procurement process (more informal process if private customer)
  • o Securing that the process is conducted in compliance with procurement law regulations
  • * Drafting and quality assuring of competition documents 
  • * Handling of the tender process 
  • * Evaluation of the tenders, negotiations, handling of complaints and disputes
  • * Assistance in negotiations 
  • o Transfer of competence beforehand, or carrying out the negotiations with or for the customer.
  • o Legal necessities to clarify before and under negotiations.

Contact

If you are interested in how your business can benefit from our framework, please get in touch with one of our solution experts.

Thomas Stave

Thomas Stave

Sales Director