Legal Aspects of Information Technology

Legal Aspects of Information Technology


Basic legal issues IT managers and software developers need to know about Information Technology and Law

25 October 2005 (14-21)
Location: Sofitel Diegem (Diegem near Brussels (Belgium))
Presented in English by
Price: 480 EUR (excl. 21% VAT)
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Full Programme:
13.30h-14.00h
Registration with Coffee/Tea and Croissants
14.00h-15.30h
Legal aspects of IT
(Patrick Van Eecke, DLA Piper Rudnick Gray Cary )

Privacy

  • What personal data (of clients, employees...) can be stored? Under what conditions?
  • Can employee surfing behavior or email content be monitored or filtered? Can surfing behavior on external websites be individualised and stored?

Security

  • Can I use whatever encryption I like?
  • How are security breaches (hacking, access without permission, data theft...) defined by law?
  • Can a company be liable for security breaches (such as liability for damage caused by third parties due to a negligent protection of its customer/supplier/employee data)?
  • Can a company be liable for illegal activities running from the company network?
  • What about liability when IT security has been outsourced?
15.30h-16.00h
Coffee/Tea
16.00h-17.45h
A closer look at IT contracts
(Kristof De Vulder, DLA Piper Rudnick Gray Cary)

General Overview

  • What types of contracts an IT manager has to deal with?
  • Which legal framework regulates these contracts?
  • Is there any specific legislation on software, hardware and IT services ?

Software licensing and development

  • What are the typical rights and obligations for both licensor and licensee? Which provisions does a licensing contract explicitly need to contain (on e.g. proper usage or transferability)?
  • What are the do's and don'ts for contracts on custom-made software?
  • Are there any template contracts for the software delivery cycle (specifications, acceptance, maintenance...)?
  • Escrow: trusting software source code to a third party.
  • Confidentiality: how do I ensure that a software developer will not reveal his knowledge of my business process to competitors?

Services

  • Service Level Agreements: how to make sure that the Quality of Service is legally enforceable?
  • Is there such a thing as Quality of Service in consulting?
  • Who is responsible when a service provider on its turn outsources part of the service?
  • What are the essential elements in pricing and invoicing clauses?
  • Under what conditions can a contract be unilaterally terminated?
17.45h-19.00h
Dinner
19.00h-21.00h
Legal aspects of IT (Patrick Van Eecke, DLA Piper Rudnick Gray Cary )

Texts and documents

  • e-Archiving: what is the legal value of electronic (archive) copies of documents?
  • e-Contracting: what legal value does an electronic contract have? And what about a contract between parties with a different legal system (e.g. cross-border) ?
  • e-Signatures: can an electronic signature replace a handwritten signature? What's the role of the electronic identity card (eID)?
  • Can information published on the company website be used against that company? How can the company safeguard itself against this?
  • What are the legal do's and don'ts concerning direct marketing by email? And by means of sms?

Intellectual property

  • Is a company entitled to all the intellectual property rights on all the documents and software written by employees using company infrastructure?
  • How can a software company safeguard itself against piracy?
  • Can I take legal action against domain names that are referring to my company or product names?
21.00h
End of this seminar
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