Digital Contracts

2 ECTS / 12h / English

Information & Communication Technology (ICT) has become vital for both business and governments. Ensuring the on-going availability and quality of an adequate ICT infrastructure and services requires contracting with usually a number of outside suppliers. More and more these services are being delivered through the Internet (cloud computing). The focus of this course will be on the content and characteristics of contracts for cloud computing and other 'ICT contracts'. The notion of 'ICT contracts' (‘digital contracts’) covers a wide range of topics ranging from cloud computing, outsourcing and telecommunications to software development, software licenses and acquiring hardware. Drafting and assessing ICT contracts calls for more than solid knowledge of regulation and case law in the field of contract law. A basic understanding of the ICT capabilities used by organisations and insight in to the structure of the ICT industry, market and delivery mechanisms is required as well. Key legal issues encountered in drafting, negotiating, and executing ICT contracts include intellectual property, warranties, termination, liability, data protection, public procurement law, dispute resolution, and insurance issues. Also many ICT contracts have an international component. Furthermore, it is important to know what are the traditions and standards in the ICT sector when it comes down to contracting, including commonly used model contracts and supplier or user generated general terms and conditions.

This seminar will provide an introductory discussion of the following questions:

  • What is 'cloud computing' and its role in delivery of modern ICT solutions?
  • Which legal issues generally arise in delivery of ICT solutions to customers?
  • How do ICT contracts play a role and which different types of ICT contacts
  • exist?
  • What sets ICT contracts apart from other types of commercial contracts?
  • How does an ICT contract come about?
  • What are the key characteristics of the main types of ICT contracts including
  • contracts for cloud computing, outsourcing, licensing and software
  • development?
  • How do you asses ICT contracts (starting points, methods and practices)?

Faculty

Professor
Full Professor at Tilburg Law School and Owner at Juridische Praktijk Stuurman.