The technology has made spectacular progress, from software development to web and apps development, cloud, IoT, Artificial Intelligence (AI), blockchain and DLT, RPA (Robotic Process Automation), cybersecurity and the incidental legal aspects have become increasingly complex. Given the evolution of technologies as well as the contractual relationships between contracting parties, there must be considered several legal provisions and the utilization of several legal instruments in order to protect intellectual property rights.
By using legal services, both for regulatory issues and for negotiation of agreements, the technology companies offering products/services related to IoT, AI, cloud, software development, blockchain, cybersecurity, as well as the companies intending to contract the services offered by technology companies, are thus assuring the success of their projects by eliminating or reducing risks.
NewLegalWay provides legal consultancy services on Technology and Intellectual Property (IP) related to the following aspects:
Software development, cloud și IoT
- Confidentiality and Non-Disclosure Agreements- NDAs;
- Software Development Agreements and Software Support and Maintenance Agreements;
- Development and Co-development Agreements;
- IP Rights Assignment Agreements, Exclusive and Non-exclusive License Agreements and other clauses related to the IP rights of the team involved in the development of the software,
- Consultancy related to the confidentiality, non-competition, limitation of liability;
- License Agreements for SaaS (Software as a Service) and Service Level Agreements (SLAs);
- Corporate guarantees regarding the non-fulfillment of the contractual obligations from the SaaS agreements granted by the companies from the group and legal opinions regarding the capacity of the guarantor;
- Reseller Distribution Agreement/Reseller Software Agreement and agreements related to distribution, marketing, promotion services, client portfolio management, consultancy regarding the non-exclusivity / exclusivity clause and the territory for which it operates, as well as the performance requirements;
- Software Platform Development Agreements and Software Services Agreements, based on orders and framework software services agreements;
- Mobile Application Development Agreement, Application Service Provision Agreement, Mobile Application End-User License Agreement;
- Consultancy regarding the outsourcing of some functions or operational activities to cloud service providers and the proposed implementation models (public, private, hybrid) and Cloud Outsourcing Agreements, IT Services Outsourcing Agreements;
- SaaS Subscription Agreement and Agreements for services offered through cloud: PaaS, IaaS (Infrastructure as a Service), XaaS (Everything as a Service);
- Consultancy on cloud services (Privacy/ confidentiality policies, Personal Data Processing Agreements-DPAs; data security and confidentiality in the cloud; compliance with personal data protection provisions; data encryption, authentication and identification, antivirus protection, firewalls, and the service availability).
- Engagement Letters;
- End User License Agreements (EULAs);
- Licensing Framework Agreements and Subcontracting Agreements, Assignment of IT services and software licensing agreement;
- Consultancy on personal data protection and consumer protection regarding IoT products.
- Consultancy on Blockchain technology and Crypto-assets (For more details see the Crypto section);
- Consultancy regarding the blockchain projects on the rights, obligations and liability of the parties, potential risks, acquisition and transfer of assets using blockchain;
- Consultancy provided to startups intending to develop products / services based on blockchain technology (e.g company set up, financing opportunities – see Crowdfunding & Financing and Crypto sections, implementation of stock option plan, employment or service agreements, confidentiality agreements, protection of intellectual property rights, compliance on personal data protection);
- Consultancy on the protection of blockchain-based products through patents and copyrights;
- Consultancy on tokenization of securities and other financial instruments, real estate, as well as other assets.
Artificial Intelligence (AI)
- Consultancy on AI systems, risk analysis from the perspective of the proposed EU Regulation on AI, risk management, governance and data management (training, input, testing and verification, personal data sets), technical documentation, traceability of operations (log files), regulations on safety and compliance of AI-based products;
- Consultancy on the use of biometric systems and associated risks;
- Consultancy regarding the liability of the initial operator, the final operator of the AI system, the liability for products with AI components, the civil liability;
- Advice on AI patents, copyrights and related rights, trademark, design protection, the applicability of legal protection of databases and computer programs, protection of undisclosed business know-how and information (commercial secrets).
Call Center and Platforms
- Consultancy regarding contact center/call center infrastructure and cross-border platform;
- Consultancy regarding digital platforms;
- Internal procedures and DPAs (Data Protection Agreements) for contact centers. (For more details, see the section Protection of Personal Data and Consumer Protection).
- Consultancy on cybersecurity, data management and data security (g. data protection procedures, encryption, passwords, physical protection of servers, responses to data security breaches, personal data cross-border transfer).
Intellectual Property (IP)
- Due Diligence regarding registered or unregistered intellectual property rights (patents, designs, trademarks, and copyrights), licenses, exploitation and know-how agreements, intellectual property rights related to use;
- Advice on the copyright on the software, source code, and the right to distribute copies of software code and derivative works;
- Advice on internet domains and usage rights;
- Consultancy on patents and trademarks.
Software procurement procedures
- Consultancy on public procurement procedures for software documentation including tender book, specifications, eligibility criteria, drafts of contracts, statements, technical documentation);
- Agreements regarding the acquisition of hardware.
Procurement and financing in the technology sector
- Due Diligence on companies from the technology sector, drafting and negotiating documentation on the acquisition of companies, joint-venture agreements and partnerships, investments of venture capital (VC) funds. (For more details, see the Crowdfunding & Financing and Mergers & Acquisitions sections).