IT Contract Law and Outsourcing
Sealing business deals with a handshake is largely a thing of the past. Complex issues must be accurately reflected in the wording of contracts and agreements. The risks arising from imprecise and poor contracts are underestimated as frequently as is the potential of well-worded contracts to prevent later disputes.
We draft and review all types of contracts in the fields of technology, IT and telecommunications on your behalf. We offer comprehensive assistance during your IT and outsourcing projects. We are familiar with both sides, as we give advice to large and medium-sized companies from the viewpoint of both the supplier and the client just as we provide advice to public-sector organizations. We also act for clients in national and international transactions and are particularly familiar with the particularities of Anglo-American IT contracts.
THE SPECIALISTS AT TCI RECHTSANWÄLTE FOR IT Contract Law and Outsourcing ARE
Stephan Breckheimer, LL.M.
Partner, certified specialist for copyright and media law, certified specialist for employment law
Carsten Gerlach
Partner, certified specialist for information technology law
Dr. Michael Karger
Partner, certified specialist for information technology law, certified specialist for administrative law
Stephan Schmidt
Partner, certified specialist for information technology law
Dr. Thomas Stögmüller
Berkeley
Partner, certified specialist for information technology law
Christian Welkenbach
Partner, certified specialist for information technology law and intellectual property law
How we work
- We draft effective, complex agreements, e.g. for ERP launches or IT outsourcing
- Drafting of contract templates, terms of license, terms of use, service level agreements and standard terms and conditions
- We independently investigate the issues to be dealt with through research and on-site workshops
- On request, we collaborate directly with the responsible contacts in the company, e.g. the project manager or development officer
- We work with you to define goals and objectives or, in larger-scale negotiations, to draw up negotiation milestones and interim goals
- We use a pragmatic, goal-oriented approach
- We engage in proactive advising when the issue is the ongoing updating of standard contracts and terms and conditions of business
How we excel
- Many years of extensive experience in drafting contracts derived from membership in bodies dedicated to drafting standard agreements (e.g. Task Group on Supplementary Terms of Contract for the Procurement of IT Supplies/Service (EVB – IT)), and from publishing papers and lecturing on standard contracts and topic relating to current IT law
- High level of expertise in IT and technology, thus
- clear communication with IT experts, engineers and technical staff
- clear understanding of your products and services
- ability to independently grasp most technical issues
- Network of associated law firms in other European countries, the United States and Canada in international cases
What we can do for you
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- Draft IT contracts of all kinds, including
- Project agreements
- Software licensing agreements
- Maintenance and support agreements
- Hosting agreements
- Data centre and ASP agreements
- SaaS and cloud computing agreements
- Outsourcing agreements
- Software distribution agreements
- Research and development cooperation agreements
- Draft IT contracts of all kinds, including
- Review and revise contracts, conduct contract negotiations
- Review contracts within the scope of disputes, determine the risks and potential of the standing agreements, develop a strategic procedure for conducting or avoiding legal disputes
Our members have experience in the following areas (selection)
- Ongoing drafting of complete standard contract sets for large and medium-sized IT and technology companies
- Drafting and negotiation of contracts for large-scale IT projects in the private and public sectors
- Negotiation of agreements on conditions between the Federal Republic of Germany and Microsoft
- Proactive involvement in organizing the various EVB-IT contractual conditions by providing advisory services to the Task Group in the German Federal Ministry of the Interior (BMI)
- Drafting and negotiation for outsourcing projects
- Conducting litigation regarding
- the validity of standard terms and conditions (T&Cs)
- the interpretation of software licensing agreements
- breaches of contract in large-scale IT projects
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