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Commercial & Technology
Commercial contracts and technology law
The legalities of commercial technology: from contracts to beyond
New business models, new platforms, new customers, new opportunities, new risks. It’s called digital disruption. More than ever, the small print really matters. FTSE titan, feted unicorn or fledgling start up, you’ll need expert contractual advice at every step, from licensing and marketing to commercial structures and revenue sharing. And you don’t want to hang about. Digital transformation is happening at pace.
Our job is to let you make the deals you want. We’re a multi-faceted legal team, commercially and technically – with deep expertise on technology and its impact on business. We’ll explain the legal implications of moving your core applications to the cloud, or introducing mobile collaboration services for employees, or opening up your data to customers and partners. We’ll help you understand upcoming trends like AI, robotics, and blockchain. And if a commercial relationship goes wrong, we can sort things out.
We’ve developed our own digital tools (such as contractual analysis) that help us deliver a great service (including licensing some of them to clients). And as thought leaders we’re involved in reshaping legal practice in line with technology advances in such areas as AI (especially in regulated sectors such as financial services), data privacy and cybersecurity.
Adtech and martech
Advising on the legal aspects of adtech and martech
It used to be said that half the money spent on advertising was wasted (and no-one knew which half). Today, marketeers have a cornucopia of digital tools (social media, geo-location, data analysis, audience segmentation) that allow them to personalise messages, fine tune campaigns on the fly and track every impact of their work. The creative team can really let rip. But technology and legislation change fast; advertising and marketing teams must be up to speed with the implications of multichannel digital and out of home campaigns, cross-border promotions, data protection issues and protecting brand integrity online and off.
Our team has a deep understanding of the legal aspects of using technology in advertising and marketing. We can advise on everything from the legal aspects of a specific piece of creative work to ad-targeting technology, from responding to CMA/ASA enquiries to everyday employment matters, from selling ad space to buying an agency business.
Harnessing agile development methodologies
Smart businesses are turning to more agile development methodologies to create the new digital services they need to compete. Traditional software development – the so-called waterfall methodology where you first agree the brief, then build the system, test the system and finally deploy the finished product – can take months if not years to deliver.
Choose agile software development and you can act on new ideas and get them to market in just a few weeks. The agile principle is to build in short bursts, seeking feedback from users at every stage and constantly refining the software. One of the most popular agile development methodologies is Scrum, a lightweight framework that helps a small, close knit group of people create complex software. With a certified ScrumMaster on our team, we’re very familiar with agile development techniques.
It almost goes without saying that the legal and contractual requirements for agile development are significantly different from the waterfall approach, with its firm specification, delivery deadlines and final sign off. When you go with the agile model you need a contract with your IT partner that recognises and accommodates a more fluid approach to delivery, along with the attendant risks and accountabilities. We can help you to successfully draft agreements that capture the benefits of agile development and secure the appropriate contractual protections for all parties.
Moving to the cloud: your contract and regulatory requirements
Cloud computing is a prime driver of digital transformation, giving organisations much more flexibility in the way they procure and consume IT resources, from raw server power to corporate infrastructure to third-party services. Initial concerns about security have been firmly put to rest and the shift to the cloud is unstoppable. Indeed, the UK government has a ‘cloud first’ policy for public services.
The on demand, self-service cloud environment changes the way we approach IT contracts, swapping long term fixed price agreements for more fluid commercial models such as ‘pay as you go’. Whether you are selling or buying cloud services, it’s important to have a contract that properly reflects this new relationship. It’s equally important to understand the regulatory requirements of migrating to the cloud – especially around data protection. Our specialists can advise on all legal aspects of your cloud strategy. In particular, we have experience of the cloud in the financial services market and have a body of expertise to share.
Understanding the legal implications of your software implementation and integration projects
Software and related services are the drivers of digital transformation. The cloud, data analytics, SaaS (Software as a Service) and hybrid environments of proprietary and open-source software are the building blocks of digital infrastructure. Agile methodologies have accelerated the time to market for new waves of products, services and delivery models.
For corporations, enterprise software solutions are the backbone of their business operations. Large scale software implementation and integration is always complex and always business critical. Legal advice from people who not only understand the big picture but also talk the language of software development goes a long way to reducing risk and ensuring a successful outcome.
Sales, licensing and distribution models must keep pace with technological change. As must protecting and controlling intellectual property. Our lawyers have years of working with software companies and their clients, giving us solid technical knowledge and a deep understanding of the dynamics and practices of this marketplace.
Sourcing solutions with commercial answers for your procurement needs
The outsourcing and IT service marketplace can provide huge choice and flexibility for customers, whether that be the outsourcing of business process services or facilities management, moving to the cloud or adopting other IT service delivery models. But no service delivery model is without risk. Whatever your sourcing needs, it’s likely that your commercial, technical and risk objectives and requirements collide.
Our specialist sourcing legal team has an outstanding track record of high value work, including business process and IT outsourcing, complex facilities management contracts, transactional software and IT services arrangements, renegotiations and disputes. Many of us have worked in-house, and our clients include both vendors and customers, so we have a real appreciation of both sides of the deal. We’ll devise sourcing solutions and come up with creative commercial answers to the trickiest procurement puzzle.
Data protection and privacy law
Managing your data protection lifecycle: from collection through to disposal
Data protection law is still playing catch up. Governments update privacy legislation, but new disruptive technologies continue to appear. Cloud services, smart consumer products, customer profiling, big data analytics all ask new questions about how we should collect and use personal data. Businesses need expert insight and practical legal advice about how they can extract value from their data and comply with regulation.
The data protection and privacy team at Deloitte Legal is a mix of hands-on industry experience, legal expertise and imaginative problem solving. We’ll help you work out how to best manage your data protection lifecycle, from collection through to disposal. Regularly we find ourselves advising on data protection issues for scenarios that just weren’t envisaged when current laws were drafted – which enables us to produce creative yet compliant solutions for our clients.
How Deloitte Legal can help
- Big data
- Interception, surveillance and monitoring
- Compliance strategies and projects
- Data in the cloud
- Data processing agreements
- Data rights
- Data sharing and exploitation
- Data security breaches
- Freedom of Information (FOIA) issues. GDPR compliance
- Information governance and data management
- International transfers of personal data
- Investigations by the Information Commissioner’s Office
- Online profiling, cookies and marketing
- Privacy policies, layered notices, consents and terms and condition
- Special considerations when dealing with sensitive personal data
- Subject access requests