How to manage and negotiate IT and other outsourcing contracts

Maison Moderne

The experts will discuss the main legal aspects of an IT project and will do so by going through the below consecutive phases of an IT project and detailing the legal points of attention per phase.

The experts will discuss the main legal aspects of an IT project and will do so by going through the below consecutive phases of an IT project and detailing the legal points of attention per phase. This will include a detailed, yet practical review of both the most common clauses to any type of IT contract, and the clauses that are linked to a specific type of IT contract (e.g. software development and outsourcing). 

- 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: 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

The capacity for our events is limited due to the health crisis we are currently going through. So, if for any reason unknown to us, you are unable to attend, we invite you to as soon as possible in order to give your place to another member of the Club.

Participants are hereby informed that they are likely to appear on photographs taken at the event. These are intended to be published in print and/or digital media published by Maison Moderne.