IT Legal Support

IT Legal Support

  • IT contracts
  • implementation agreements
  • software house
  • software licenses
  • NDA
  • B2B contracts
  • software suppliers
  • cloud computing
  • AI technologies

Support for Software Houses and Their Business Partners

The creation, development, and implementation of custom software are the domain of software houses—companies that are rapidly growing in today’s world. Our law firm has been providing legal support to both software houses and the companies that commission software from them for a long time.

Quick responses to the ongoing needs of our IT clients and flexibility in planning legal actions are our top priorities in delivering legal services. In times of rapid technological development and new legal regulations, we ensure that our clients never fall behind.

We provide legal advice throughout the software creation, implementation, and maintenance processes.

We understand that the process of developing, implementing, or maintaining software comes with many challenges. Initially, there is the implementation analysis, which defines the core vision of the solutions, followed by the selection of effective management methods, and the timely and efficient completion of the project in line with the agreed schedule.

We know that effective communication between the software house and the client, as well as a well-constructed contract that protects both parties and guarantees proper project execution, is crucial for a successful software implementation.

We guide our clients through the software development and implementation process, providing them with the necessary legal support—drafting tailored contracts specific to the project’s needs and participating in the negotiation of cooperation terms. We recognize the importance of aligning with the dynamics of a Scrum team, including effective communication with product owners and Scrum masters. We work closely with IT project managers and steering committees. We respond to personnel changes and ensure proper backlog management.

We are also familiar with other popular IT project management methods, such as DSDM, Waterfall, and Kanban. It is vital that a lawyer overseeing a software house project understands the specific project management method being used. Without this understanding, it is challenging to identify and assess the legal risks that may arise during contract performance or to verify the source of conflicts between the parties.

We are well aware of the main challenges faced by software houses and their contractors: extended delays, threats of contract termination, technological advances that outpace initial outdated solutions, changing concepts, budget limits, discrepancies in expectations regarding the final product, and, most notably, difficulties in utilizing the software within the company.

As a law firm, we assist not only companies that create or implement software but also businesses that wish to use software house services. Our experience representing both sides of such cooperation allows us to approach the matter comprehensively and based on realistic assumptions.

Intellectual Property in IT

For our clients, we also conduct IT license audits, where we verify critical issues that often have a significant impact on their business operations, such as:

  • Whether intellectual property rights or licenses to software from developers or employees have been effectively acquired.
  • Whether the client is entitled to create new versions of the software or perform updates.
  • Whether the client holds a valid license for the software currently in use.
  • Whether the client operates in compliance with applicable laws on data management, privacy protection, and the use of AI technology.

A well-conducted audit often reveals that the company has never actually acquired the copyright to the software it uses or must co-manage the software’s intellectual property rights with third parties. Audits can uncover numerous irregularities and set out methods to eliminate or mitigate them. Some of these mistakes can lead to serious financial and legal consequences; therefore, as a law firm, we typically recommend verifying and rectifying these issues before such consequences occur.

We draft and review contracts related to intellectual property and fair competition in the IT industry, including:

  • Implementation agreements
  • Service agreements
  • Software maintenance agreements
  • Software and accompanying work licenses (e.g., technical documentation, user manuals, source code comments, training materials, test scripts)
  • Service Level Agreements (SLA)
  • Cloud service Terms of Use
  • Non-disclosure agreements (NDA)
  • Non-compete agreements
  • Know-how protection agreements

We also participate in establishing relationships with major IT system providers and software vendors. We have practical knowledge and experience in negotiating effective and feasible provisions in IT business contracts. We have successfully resolved long-standing disputes involving our business partners concerning software implementation and use.

Our office is located just steps away from the only Intellectual Property Court in southern Poland, housed in the District Court of Katowice.

Although we understand that litigation is the last resort in a dispute, we are highly familiar with the specific procedural rules for civil cases involving intellectual property disputes.

Do you have any questions?