Clarkslegal LLP - Solicitors in Reading and London

Information Technology

We act for both providers of information technology and their customers, and can help you find the right balance of risks and rewards in any contract that you enter into. Whether you need assistance in negotiating and codifying your technology agreements, specialist legal advice or post contract support, we provide it by giving you practical, proactive advice that helps you focus on the key risks to your business. Many of our team have worked as in-house lawyers for major commercial organisations (both providers of information technology services and customers). We therefore bring a unique perspective to the transaction as we are able to focus on the real risks to your business and what action needs to be taken to mitigate those risks and get things done.

In addition, we have established forburyTECH for technology start ups. forburyTECH offers a unique, fun and collaborative ecosystem for any start-up or early stage technology business looking to reach its full potential and it ties together the expertise of all our associated companies. Full details can be found on the forburyTECH website.

We provide advice on all business related issues and all areas of technology law and negotiate and draft agreements for our clients across a broad range of sectors.  Providing support in this area regularly involves tapping into the experience of our colleagues across the firm, particularly in the Commercial, Intellectual Property, Corporate, Procurement and Dispute Resolution teams.

Some of the work that we do most often includes:

A well drafted contract with clear information about the obligations of each party can make or break an IT outsourcing arrangement. Each side needs to clearly understand what it must do and the implications of failure to do it. Our expertise in large scale high value projects enables us to support you in addressing those issues and in carefully prescribing the relationship and obligations. We will identify the major risk areas for your business and negotiate and draft to mitigate those risks.

Software licences can standalone or be part of a much larger IT project. We have experience in dealing with both. Whether or not the application is business critical, we can help you assess the risks to your business of a failure in that software and ensure the warranties, indemnities and limits of liability are positioned fairly between the parties. We can also assist in establishing escrow arrangements where needed, and agree trigger events that are suitable for the transaction.

These days all businesses, large or small, need a website and may turn to a specialist developer to produce it for them and then to host and maintain it. Whether you are a website developer or a customer, we can help you codify the commercial agreement made between the parties to ensure clarity of obligation and a fair balance of risk and reward.

If you are in the business of software or mobile app development, you can rely on our expertise in this area to help you to navigate your way through the key areas of risk in any development project. We work regularly with clients (both developers and customers) to support them in analysing those risks and establishing their risk profile in areas such warranties, indemnities, limitation clauses and acceptance testing regimes. We can support you and your technology advisors in drawing up appropriate specifications and managing risks and remedies so as to encourage, rather than prohibit, new and innovative developments.

One of the key assets of any business is its data, whether in the form of basic data on its customers or the more ethereal commercial advantage that a business gains from its operating procedures and its place in the market. Most IT contracts impact that data either by interface with systems that contain that data or because they involve handling or storing data. A well drafted contract is essential to protect that data and ensure that each side knows what is required by way of security and backups as well as confidentiality. Our analysis of the risks of the transaction to your business will allow you to understand what your negotiating position should be, and we can then help to reflect the commercially agreed position in a tightly drawn, clear and concise contract.

More and more businesses are using social media, as do their employees, and we can help you establish proper procedures to assist you in navigating the various rules and regulations that can impact such use. Social media policies are vital to enable your employees to understand clearly what they may or may not do with a social media account in a business context. Having an established external communications policy enables businesses to avoid defamation issues or accidental disclosure of sensitive or personal data. We can help you in all of these areas.

Conducting business over the internet is, for many businesses, a vital part of their everyday life. It is impacted by many different rules and regulations specific to ecommerce (on the content of websites, concluding contracts over the internet, whether e signatures are valid) as well as laws which would apply whether the business was transacted in person or over the internet. We can help you to negotiate your way successfully through all of these areas, and enable you to focus on growing your business and achieving your commercial objectives.