Negotiating Technology Contracts

It is written with the benefit of DLA Piper’s unparalleled view of the global market for technology sourcing and outsourcing projects, and from acting both for customers and service providers in this space.

Negotiating technology-related contracts can be a long and energy-consuming business. For the uninitiated or uninformed, the significance of the points under discussion may be unclear, and it can often seem that contract negotiators are pedantic, obstructive or just plain unhelpful in terms of “getting the deal done”.In this context, it is essential to have a clear understanding of just what each part of the contract is designed to deal with, what both the customer and service provider are seeking to protect, and what potential compromise solutions may be available. As a result, one can avoid unnecessary debate and move faster to reasonable positions that are acceptable to both parties.This practical, how-to book seeks to explain the perspectives of both sides of the negotiating table on a clause-by-clause basis, clearly setting out the key points they will want to protect – and why – while also offering suggestions as to what they may be willing to concede or compromise upon. It is written with the benefit of DLA Piper’s unparalleled view of the global market for technology sourcing and outsourcing projects, and from acting both for customers and service providers in this space.An invaluable negotiating guide, this edition will be of particular interest to anyone involved in technology-related contracts.

IntroductionDue diligence obligationsService descriptionsCompliance with laws and regulationsService level agreementsUse of agile methodologiesWarrantiesRelief/excused eventsIntellectual property right provisionsData protection liabilitiesBenchmarkingSetting limits of liabilityExcluded liabilitiesUnlimited liabilitiesTUPE provisions and obligationsTermination rightsStep in provisionsAudit RightsDispute resolution provisionsConclusion