MC LEGAL / RESOURCES
5 CLAUSES WE READ FIRST IN A TECHNOLOGY CONTRACT
They tell you a lot.
CLAUSES WE READ FIRSTIN A TECHNOLOGY CONTRACT
They tell you a lot.
01 / 09WHY THESE FIVE?
Technology contracts can run for pages.
But a few provisions can reveal surprisingly quickly how the deal works, where the risk sits, and what may matter later.
These are five we pay attention to early.
INTELLECTUAL PROPERTY
What exactly are you getting?
Paying for technology does not necessarily mean owning it.
And “ownership” is only part of the question. Existing technology, new work, modifications and rights of use can all sit differently within the same deal.
DATA
Having the data doesn't answer what you can do with it.
Data can raise questions about use, access, sharing and control.
Add personal data to the arrangement and another legal layer appears.
LIABILITY
A cap is only a number until you know what it covers.
Technology contracts often limit liability.
But the amount is only one part of the allocation of risk. What is covered, excluded or treated differently can matter just as much.
SECURITY
“We have security measures” is only the beginning.
Technology arrangements can involve systems, access and data moving across organizations.
What each party is expected to protect, and what happens when something goes wrong, deserves a closer look.
TERMINATION + EXIT
Signing is exciting. Leaving is where things get interesting.
Ending the contract does not necessarily end the relationship cleanly.
Data, access, technology, dependencies and transition can survive the termination date.
THE CLAUSES TALK TO EACH OTHER.
A technology contract is a system.
IP can affect exit.
Security can affect liability.
Data can touch almost everything.
Reading one provision without the others can give a very different picture of the deal.
THEY TELL YOU A LOT.
- 01IP
- 02DATA
- 03LIABILITY
- 04SECURITY
- 05TERMINATION + EXIT
MC LEGAL / RESOURCES / 002
01/09
Read as text
WHY THESE FIVE?
Technology contracts can run for pages.
But a few provisions can reveal surprisingly quickly how the deal works, where the risk sits, and what may matter later.
These are five we pay attention to early.
INTELLECTUAL PROPERTY
What exactly are you getting?
Paying for technology does not necessarily mean owning it.
And “ownership” is only part of the question. Existing technology, new work, modifications and rights of use can all sit differently within the same deal.
DATA
Having the data doesn't answer what you can do with it.
Data can raise questions about use, access, sharing and control.
Add personal data to the arrangement and another legal layer appears.
LIABILITY
A cap is only a number until you know what it covers.
Technology contracts often limit liability.
But the amount is only one part of the allocation of risk. What is covered, excluded or treated differently can matter just as much.
SECURITY
“We have security measures” is only the beginning.
Technology arrangements can involve systems, access and data moving across organizations.
What each party is expected to protect, and what happens when something goes wrong, deserves a closer look.
TERMINATION + EXIT
Signing is exciting. Leaving is where things get interesting.
Ending the contract does not necessarily end the relationship cleanly.
Data, access, technology, dependencies and transition can survive the termination date.
THE CLAUSES TALK TO EACH OTHER.
A technology contract is a system.
IP can affect exit.
Security can affect liability.
Data can touch almost everything.
Reading one provision without the others can give a very different picture of the deal.
THEY TELL YOU A LOT.
- IP
- DATA
- LIABILITY
- SECURITY
- TERMINATION + EXIT
MC LEGAL / RESOURCES / 002
Related practice area
Data Protection, Cybersecurity and DPO Services