Mastering the Digital Realm – Crafting Solutions in IT Law

IT law matters are typically intertwined with IP matters – overlooking rights and obligations in internet commerce can create significant exposure. If they are not directly operating in the digital space, clients will need to engage people with those skills to protectively establish web and social media presences, compose web and mobile applications, or configure web or enterprise content management systems (CMS). Our IP lawyers at AU LLC has experience drafting, revising and providing consultation related to these and other IT law-related instruments:

EULA

In the context of a website, its Terms of Service and Privacy Policy together will generally incorporate the service provider’s contractual relationship with its users. In the context of, say, a mobile application or even downloadable/product software, a EULA will be dedicated to disclaiming, as broadly as possible, representations and warranties that the software will function, not harm your computing devices, and generally not cause you injury. It may also restrict users’ ability to bring class action or other representative actions against the service provider (in some contexts, the “publisher”).

Software Escrow

For large or protracted software development projects, the parties may allow a third party to hold the work product until certain contractual conditions are met (e.g., payment). Parties to such agreements must specify conditions under which the work product is provided to the escrow agent, conditions under which the escrow agent is to release the work product (i.e., “Release Conditions”), and terms by which the escrow agent is to maintain the work product (i.e., “Deposit Requirements”).

GDPR Compliance / Privacy Policy

Privacy Policies may (re)assure users of how the information they actively provide (or that which is passively collected) is used. Further, they can be utilized to obtain users’ permission for specific uses of their information if not already provided for in a Terms of Service.

By maintaining a privacy policy, a service provider may expose itself to liability should it not take its policy seriously or otherwise comply with requirements levied by relevant jurisdictions (e.g., the GDPR for activities within the EU). Indeed, a service provider that fails to abide by its privacy policy violates California statute, this violation commonly forming an “unlawful prong” basis of a California Unfair Competition Law (UCL) claim, Cal. Bus. Prof. Code 17200 et seq. Great care must be taken to tailor a privacy policy to the service provider’s ability to abide by it.

Terms Of Service

A fundamental instrument for use by a web-related service provider, Terms of Service generally define the terms by which a user may access and utilize the website and its features. Terms of Service will identify who may access the website, how its features may be used and payments and shipping terms (if necessary). Terms of Service will generally also contain broad disclaimers, liability limiting language, and other language often considered “boilerplate” contractual provisions relating to choice of law and venue, arbitration, and class action waivers. Like most contracts, Terms of Service share many commonalities from website to website. However, ultimately, they must be unique since they reflect the special relationship(s) between each service provider and its users.

Incident Response Policy (IRP)

An Incident Reponse Policy (IRP) is invoked when there is a potential threat to a client’s intranet, network or external IT infrastructure. An IRP outlines the processes, roles and responsibilities of key team members who are tasked with addressing the threat.

The purpose of creating an IRP and appointing an Incident Response Team is to ensure swift and specific action in response to urgent incidents with major ramifications, such as viruses, hacking attempts or actual security breaches, accidental disclosure of personal or sensitive data, or service disruptions. Third-party service providers often require IRPs to handle information and content, the disclosure of which is subject to state and federal statutory protection.

Empowering Your Digital Ventures

As the curtains fall on this exploration of IT law, our AU LLC lawyers stand ready to empower your digital ventures. Our seasoned attorneys, versed in the nuances of software development, EULA drafting, software escrow, GDPR compliance and more, are your dedicated allies in the digital realm. Trust us to safeguard your digital aspirations with strategic legal insight.

Forge Legal Resilience

Embark on a journey of legal resilience with our lawyers at AU LLC. To fortify your digital presence and address IT law intricacies, contact us today at 312-900-9426 or visit our contact page. We are your strategic partner in crafting legal solutions for the ever-evolving world of Information Technology.