An IT contract may regulate the procurement of IT equipment or agreements on ongoing co-operation, e.g. development, digitalization, outsourcing, hosting, maintenance and support agreements.

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Intellectual Property and Technology

The law regulating IT contract is complex and covers aspects of both contact law, sales law, construction law and technical aspects. As complex services are exchanged in an IT contract, a large number of legal challenges must be taken into consideration in each IT contract. Drafting of a solid contract is, among other things, important to determine the correct requirements, scope and allocation of responsibility and risk. 

At DLA Piper we have extensive experience in solving legal challenges within IT contracts - both in regard to drafting and conclusion of contracts and dispute resolution. We advise both private entities and public authorities on all legal aspects of the drafting, conclusion and enforcement of IT contracts and public procurement.

As a result of our many years as legal advisers, we have achieved great technical and commercial understanding as well as an experience which is crucial to be able to deliver focused and value-adding advice to our customers on all types of IT contracts. Our focus is on operationalisation of the IT contract and particular challenges in regard to interpretation which the contracting parties should be careful with, including the specific requirements that must be met in order to approve an IT system. Furthermore, we focus on the development, protection, exploitation and use of IP rights and technology-related assets within the organisation, as well as the purchase of strategic assets and services. 

In addition, we have many years of experience in planning public procurement processes, and we are experienced in handling complex issues that arise as a result of the special circumstances and requirements that public authorities must comply with. We advise on all stages of the projects, including the public procurement strategy, the actual tender process and the implementation of the contract.

In the area of IT contracts and public procurement, we can, among other things, assist with:

  • Contracts on the procurement and development of IT systems, including the Danish standards K01 and K02
  • Licence agreements and licensing
  • Consultancy agreements
  • Agile contracts, including the Danish standard K03
  • Technology-specific public procurement, including the purchase of licences
  • Outsourcing and hosting, including SaaS, IaaS, PaaS, the Danish standard K04 and the standard outsourcing contract of IT-Branchen and Dansk IT
  • Digitalization, including application of IT and technology in the organisation’s workflow and products
  • Support and maintenance agreements
  • Contracts on implementation of network infrastructure (IKT contracts)
  • Hardware purchase agreements
  • Fintech and Legal Tech
  • Life science IT
  • Data privacy and big data
  • Cloud computing
  • E-commerce
  • IP development
  • Open source
  • Telecommunication

Contact DLA Piper’s technology team

We are a dedicated team of highly specialized lawyers. If you have any questions on whether your company complies with the law, or if you want to know more about the legal matters of a specific IT contract, you are very welcome to contact our team of experts for a non-committal talk.

We have provided advice and training on IT contracts and public procurement for many years to both Danish and foreign companies within different industries and public authorities. Our advising covers all stages of the projects, including the public procurement strategy, the actual tender process and the implementation of the contract.

We often work in collaboration with lawyers from other legal disciplines, including Employment Law and Coporate. Thereby, you will get access to a wide range of legal qualifications as well as you are met with a great understanding of your company and the industry in general. We focus on the customer, and that is why we work closely with you to ensure the right solution tailored to your specific needs.