IT-right

07 Mar 2022

What is IT-right?

Well-functioning software is crucial for every company. Whether it is a production company or a service provider. The choice for new software is therefore an important moment. Both for the supplier and for the customer. The supplier has a duty of care here. After all, he knows that software is often crucial to the customer's business operations. The customer must ensure that his wishes and expectations are made clear and that he raises the alarm in time when things threaten to go wrong. Still, things sometimes go wrong. The customer buys a car and expects a Ferrari. The supplier delivers a Volkswagen and thus has delivered a car. The customer is not satisfied. And then the automation process may have failed.

What do we do?

  • Preliminary phase: we supervise the process leading up to the contract (formulating wishes and requirements, defining functional requirements, scope document);
  • Drawing up the contract: establishing who does what, when, how, general conditions applicable, etc. But also agreements about user rights, what happens to data, how the supplier maintains the software (service level agreement), what if the customer wants to continue with other software, what if the supplier no longer supports the software, etc.
  • Execution of contract: we advise on the implementation of the software, how to deal with delays ('fatal deadlines'), is the supplier fulfilling his obligations, how and when to complain, how and when to formally declare him in default, etc. Sometimes conflict mediation can offer a solution. For example, via the Technology Arbitration and Mediation Institute.
  • Failed automation process: We advise on the timing and content of a notice of default, rescission of the contract, recovery of paid amounts, claiming additional damages, experts to be called in, etc. We have experience with IT procedures at the civil court and with arbitration at the SGOA. But sometimes alternatives are a better solution, such as first focusing on completion of the automation process (by a third party) and only then settling the conflict legally.
  • We act for suppliers and buyers. We therefore know the ins and outs of both positions.

Do you have any questions in this area? Then contact us without obligation.

 

    Don't let your creativity go to waste with the BG.legal Marketing Helpline subscription!
    Read more
    Türk işletmeleri için Avrupa'da marka hakkının önemi
    Read more
    The importance of intellectual property rights for start-ups: protection and growth
    Read more
    Start-up girişimler için fikri mülkiyet haklarının önemi: koruma ve büyüme
    Read more
    Hollanda ve Avrupa'da markalaşma
    Read more
    BG.legal signs up team for AI Grand Challenge
    Read more
    Current concerns regarding the EU-US Data Privacy Framework
    Read more
    Copyright on advertisement text
    Read more
    What are the trademark registration requirements?
    Read more
    Marka tescil şartlar nelerdir?
    Read more
    Neden bir kelimeyi veya logoyu marka olarak tescil ettirmelisiniz?
    Read more
    Why should you register a word or logo as a trademark?
    Read more
    AI in Pharma
    Read more
    AI Act and Pharma / Health
    Read more
    Indemnification and IP infringement: a matter regarding shoes
    Read more
    What information needs to be included in a privacy policy?
    Read more
    Burden of proving genuine use
    Read more
    Data
    Read more
    There are already rules for AI applications
    Read more
    AI: Supervision and Toolbox
    Read more
    The same trade name does not constitute an infringement. How can that be?
    Read more
    Infringement of descriptive trade name possible after all
    Read more
    Design right on furniture: infringement or not?
    Read more
    Distribution agreement
    Read more
    Licence agreement
    Read more
    Fashion & Design
    Read more
    Competitor's use of a brand in advertising
    Read more
    Advertising
    Read more
    Software
    Read more
    Slavish imitation
    Read more
    Trade secrets
    Read more
    Trade names
    Read more
    Domain names
    Read more
    Copyright
    Read more
    Trademark and design
    Read more
    Consent under the GDPR: things to keep in mind
    Read more
    Intellectual property
    Read more
    When are you allowed to decompile software?
    Read more
    Choices when choosing cloud services
    Read more
    We already have rules for AI systems
    Read more
    Exploring the legal boundaries of Synthetic Data
    Read more
    Risk check for AI applications
    Read more
    Legal Department-as-a-service
    Read more
    New European rules for Artificial Intelligence
    Read more
    Nieuwsbrief BG Tech: de toekomstige uitdagingen in de IP & Technologie & gratis Webinar
    Read more
    Data breaches under the GDPR
    Read more
    European Perspectives on AI Medical Devices
    Read more
    IT-recht
    Read more
    BG.tech
    Read more
    Vacatures
    Read more