“It is at times problematic to determine which rules apply in each case and how existing ones are to be construed”
Today, IT is a proven tool that manages and streamlines information flows. This sector’s rapid development appears limitless, thus putting legislation from the pre-internet era to the test. This has been accentuated even further by the fact that IT law is constantly changing. It is at times problematic to determine which rules apply in each case and how existing ones are to be construed. This implies that the relationship between contract partners is constantly changing, and this in turn places high demands on license agreements and contracts where rapid market development and long-term value creation need to be compatible.
Several different legal benchmarks exist in the IT field. The most common are standard agreements used by IT & Telecom companies such as Agreement 90 version 2008, General Regulations IT Project and General Regulations IT Operations. As a result of standard agreements being so diffused in the IT world, it follows that they are usually developed by vendors and, therefore, not jointly negotiated between suppliers and buyers. As a result, it is often necessary that the parties have to add and clarify the terms to be applicable. The main elements of these agreements relate to liability for delay, errors, defects and potential claims by the parties in the event of a breach.
These standard agreements are invariably drafted by the vendors. Naturally, a better solution would be to draft one’s own agreement based on the standard agreement’s terms. MarLaw is familiar with these standard agreements in the IT field and we can assist you with their precise drafting in order to fit your business requirements. Furthermore, we can support you in the event that a dispute arises and act as your legal representative before courts, tribunals and governmental authorities.
IT law and the handling of domain name matters are two areas we are highly specialised in. MarLaw works with licensing and contractual issues, privacy policies and drafting tailor-made contracts incorporating your business requirements. Numerous books, textbooks and articles have been written by our lawyers regarding IT law e.g., Internet Law – The Rule of Law on the Internet (Sw: Nätjuridik – Lag och rätt på Internet), Practical Information Law (Sw: Praktisk informationsrätt), Media Production Rights (Sw: Rätt i medieproduktion) and Copyright in Advertising and the Media (Sw: Upphovsrätt i reklam och media).