Cover

Copyright

CONTENTS

CONTRIBUTORS

ACKNOWLEDGEMENTS

ABBREVIATIONS

GLOSSARY

USEFUL WEBSITES

PREFACE TO SECOND EDITION

1 IT CONTRACTS

INTRODUCTION

PARTS OF A CONTRACT

WHO ARE YOU GOING TO CALL?

CHECKING OUT THE SUPPLIER

LETTER OF INTENT

THE SUPPLIER'S TERMS

APPENDIX: MAIN POINTS OF AN IT CONTRACT

2 SYSTEMS PROCUREMENT CONTRACTS

THE NEGOTIATION PROCESS

BEWARE THE STANDARD CONTRACT

CONTRACT MECHANICS

COMMERCIAL HIGHLIGHTS

PROBLEM MANAGEMENT

ENFORCEABILITY OF EXCLUSION CLAUSES

CONCLUSION

APPENDIX: THE 'REASONABLENESS' TEST IN PRACTICE

3 AVOIDING EMPLOYMENT PROBLEMS

INTRODUCTION

COMPUTER AND EMAIL USAGE POLICIES

AVOIDING HEALTH AND SAFETY CLAIMS

APPENDIX: SPECIMEN POLICY FOR COMPUTER AND EMAIL USE

4 INTELLECTUAL PROPERTY LAW FOR COMPUTER USERS

INTRODUCTION

HARDWARE AND INTELLECTUAL PROPERTY RIGHTS

SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS

DATABASES AND INTELLECTUAL PROPERTY RIGHTS

WEBSITETS AND INTELLECTUAL PROPERTY RIGHTS

DOMAIN NAMES AND INTELLECTUAL PROPERTY RIGHTS

THE INTERNET AND TRADE MARKS

THE INTERNET AND COPYRIGHT AND DATABASE RIGHT

APPENDIX: A BASIC GUIDE TO INTELLECTUAL PROPERTY AND RELATED RIGHTS

5 SOFTWARE ESCROW

INTRODUCTION

THE IMPORTANCE OF ESCROW FOR SOFTWARE USERS

WHEN DO YOU NEED ESCROW?

TECHNICAL CONSIDERATIONS

VERIFICATION

WHAT SHOULD BE LODGED?

THE AGREEMENTS

USER'S DUTIES

CHOOSING AN ESCROW AGENT

ADVANTAGES OF ESCROW FOR SOFTWARE OWNERS

CONCLUSION

6 OUTSOURCING

INTRODUCTION

DEFINING THE SERVICES

DESIGN RISK

SERVICE LEVEL AGREEMENT

PRICING AND PAYMENT MECHANISMS

THE OUTSOURCING LIFE CYCLE

OTHER RELEVANT ISSUES

7 DATA PROTECTION

INTRODUCTION

WHAT DATA ARE COVERED

SENSITIVE PERSONAL DATA

WHO NEEDS TO NOTIFY?

HOW TO NOTIFY

DATA PROTECTION PRINCIPLES

RIGHTS OF DATA SUBJECTS

EXEMPTIONS

PENALTIES AND ENFORCEMENT

REFERENCES

8 DOING BUSINESS ONLINE

INTRODUCTION

INFORMATION TO BE PROVIDED TO CLIENTS

FORMING CONTRACTS ELECTRONICALLY

PERFORMANCE AND CANCELLATION

JURISDICTION

MARKETING COMMUNICATIONS

CONSEQUENCES OF NON-COMPLIANCE

OTHER CONSIDERATIONS

APPENDIX: CONSOLIDATED INFORMATION REQUIREMENTS

9 SETTING UP JOINT VENTURES

INTRODUCTION

JOINT VENTURES AND IT PROJECTS

ESTABLISHING A JOINT VENTURE

STRUCTURE OF A JOINT VENTURE

THE OPERATING AGREEMENT

COMPETITION LAW

APPENDIX: CHECKLIST FOR A JOINT VENTURE OPERATING AGREEMENT

10 CLOUD COMPUTING

WHAT IS CLOUD COMPUTING?

THE SERVICES IN THE CLOUD

THE EVOLUTION OF CLOUD COMPUTING

CLOUD FORMATIONS

SILVER LININGS AND THUNDER CLOUDS

DATA PROTECTION AND SECURITY

IMPORTANT CLAUSES IN A CLOUD COMPUTING CONTRACT FOR SERVICES

CONCLUSION

11 OPEN SOURCE SOFTWARE

INTRODUCTION

WHAT IS OPEN SOURCE?

THE PUBLIC DOMAIN

OPEN SOURCE AND COMMUNITIES

OPEN SOURCE SOFTWARE BUSINESSES

RUNNING OPEN SOURCE IN YOUR BUSINESS

OPEN SOURCE AND LICENSING

SOFTWARE DEVELOPMENT IN CONTEXT

CONTRACTING OPEN SOURCE PROJECTS

OPEN SOURE SOFTWARE AND DUE DILIGENCE

OPEN SOURCE POLICIES AND PROCEDURES

OPEN SOURCE SOFTWARE: EMPLOYEES AND CONTRACTORS

OPEN SOURCE SOFTWARE AND PATENTS

ASSOCIATED LICENCES

FURTHER INFORMATION

12 WEEE REGULATIONS

INTRODUCTION

THE PLAYERS

WHAT IS EEE AND WHAT DO THE REGULATIONS COVER?

KEY OBLIGATIONS ON IT BUSINESSES

KEY COMMERCIAL ISSUES

FURTHER INFORMATION

13 FREEDOM OF INFORMATION

INTRODUCTION

TRANSPARENCY AGENDA

PUBLIC AUTHORITIES

A PUBLIC AUTHORITY'S OBLIGATIONS

PROVIDING INFORMATION TO THE PUBLIC AUTHORITY

THE REQUEST PROCESS

WITHHOLDING INFORMATION

IMPACT OF FOIA ON PRIVATE COMPANIES

DEALING WITH FOIA

PROCUREMENT

DRAFTING A CLAUSE

FURTHER INFORMATION

14 RESOLVING DISPUTES

INTRODUCTION

OVERVIEW OF DISPUTE RESOLUTION METHODS

KEY FACTORS IN DISPUTE RESOLUTION

SPECIFIC DISPUTE RESOLUTION METHODS

CONCLUSION

INDEX

Back Cover