Crash course in IT contracts: the legal basis for digital requirements

IT contract basics

• Basics (BGB, HGB, UrhG etc.).
• Work contract law for the waterfall method.
• When does the service contract apply?
• What needs to be considered when hiring out employees?
• Outsourcing/cloud computing.

Copyright (licenses)

• What intangible rights can be protected by copyright?
• What is regulated in a license agreement?
• Special features of software law (backup copy, rental, etc.).
• Severe sanctions in the form of fines or prison sentences.

The project contract

• Structure of a project contract.
• Agile versus waterfall method.
• From "actual" to "target".
• Documenting and legally securing the results of a project.
• Work or service contract character? Help with the distinction.

Overview of important contractual clauses and pitfalls in the project contract

• Specification of the consultants.
• Acceptance clause.
• When does acceptance take place? Can this be declared subject to reservation?
• Rights of use.
• Participation clauses.

Special case of outsourcing and SaaS

• Process of an outsourcing project.
• Structure of a SaaS.
• Special features of outsourcing services.
• Contract constructions.
• Framework agreements versus service certificates.
• Special features of SaaS

Avoiding and dealing with additional claims

Liability

• Set up claim management professionally.
• Claims arising from unclear clauses.
• Defense of claims from current contracts.
• Escalations Arbitration court vs. ordinary courts.
• Pitfalls with liability clauses.
• Which liability regulations are really important?
• Liability for third parties.