Creating and assessing contracts is an important aspect of today's information technology law/commercial contracting practice. The notion 'ICT contracts' covers a wide range of contracts, from software licenses to buying hardware, to contracts for complex software development projects, outsourcing, and interconnection. 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 structure and organisation of ICT projects is a first prerequisite. From a legal perspective knowledge of topics as intellectual property, liability, insurances, public procurement law, dispute resolution, privacy, electronic contracting and the law of evidence is necessary as well. Besides, many ICT contracts have an international component. Furthermore it is important to know what's common in the ICT sector, including common model contracts and general terms and conditions.
During this course, the following topics will be specifically analysed against the background just given:
- What different types of ICT contracts exist?
- What is so special about ICT contracts?
- The negotiation process
- The contents of various types of contracts, including contracts relating to hardware, software, outsourcing and cloud computing
- Dispute resolution mechanisms for ICT disputes
- Drafting and assessing ICT contracts: starting points, methods and practice.
A. This course will in part be given by four three guest lecturers:
B. Language: English
C. Number of participants. Please note that the course requires a MINIMUM NUMBER OF 20 PARTICIPANTS.
Law & Technology (Bachelor level)
Contract law (Bachelor level)
Please note, this course is only available to students of the Master Law & Technology Program.
To register for this program, you must comply with the admission requirements, including a matching interview
Information 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' 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 the structure of the ICT industry and market 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.
During this course, the following topics will be specifically analysed against the background set out above:
- 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 does set 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?
- What kind of mechanisms can be used to avoid or solve ICT disputes?
- How do you draft and asses ICT contracts (starting points, methods and practices)?
Type of instructions
Type of exams
Written Exam (100%) and Resit Exam. The examination for this course consists of 1 individual assignment for which students obtain a pass / no pass and a written exam. Students can only enter the written exam of this course if they have passed the assignment. There is one resit opportunity for the assignment. Written exam (100% of the final grade)
- Chris Millard (Ed.) 1st edition, Cloud Computing, Oxford University Press, 2013. (Available via Amazon, Bol.com). Other materials will be announced via Blackboard