ICT contracts are essential to provide and receive ICT products and services. In this course students will acquire a thorough understanding of the different kinds and the particularities of ICT contracts. What are the special features of software development (e.g. waterfall and agile), licensing (closed and open source), support and maintenance, outsourcing, cloud (e.g. software as a service) and e-commerce contracts (e.g. website terms and conditions)? How do you draft, negotiate, conclude, advise and litigate these ICT contracts? How do you deal with the specifics of each contract as well as more generic clauses which are most fiercely negotiated and at the same time subject to much academic debate: intellectual property rights, warranties, liquidated damages,
indemnities and limitations of liability? How do you deal with contracts involving an 3rd party intermediary (agency, distribution and app stores) as well as disintermediation (blockchain)? Differences between common law and civil law systems will be analysed in a comparative approach.
Written assignment(s) (50%)
Written exam (50%)