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Book Details
Abstract
This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, but this book explains in plain English the relevant legal frameworks and gives examples from actual case law. “provides practical advice . . . a valuable addition to my bookshelf” (British Journal of Healthcare Computing & Information Management - relates to the 1st edition).
Jeremy Holt is the head of the Computer Law Group of Clark Holt Commercial Solicitors. Jeremy Newton is a director at Technology Law Alliance in London, a law firm specialising in IT, outsourcing and e-commerce law.
This comprehensive guide for management professionals discusses the IT-related legal issues faced by businesses on a daily basis. Legal concepts and terminology are notoriously difficult for non-specialists, especially in the fast-moving field of IT. This book explains, in plain English, the most relevant legal frameworks, with examples from actual case law used to illustrate the kinds of problems and disputes that most commonly arise. Contents include IT Contracts; Systems Procurement Contracts; Avoiding Employment Problems; Instructing an IT Consultant; Intellectual Property Law for Computer Users; Cloud Computing; Outsourcing; Source Code Escrow; Data Protection; Doing Business Online; Setting Up Joint Ventures; Freedom of Information; WEEE Regulations; Resolving Disputes
Written in plain English, it is readable, and provides practical advice... a valuable addition to my bookshelf. British Journal of Healthcare Computing & Information Management, February 2005 (review of previous edition)
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Cover | Cover | ||
| Copyright | iv | ||
| CONTENTS | v | ||
| CONTRIBUTORS | ix | ||
| ACKNOWLEDGEMENTS | xi | ||
| ABBREVIATIONS | xii | ||
| GLOSSARY | xv | ||
| USEFUL WEBSITES | xix | ||
| PREFACE TO SECOND EDITION | xxi | ||
| 1 IT CONTRACTS | 1 | ||
| INTRODUCTION | 1 | ||
| PARTS OF A CONTRACT | 1 | ||
| WHO ARE YOU GOING TO CALL? | 2 | ||
| CHECKING OUT THE SUPPLIER | 3 | ||
| LETTER OF INTENT | 3 | ||
| THE SUPPLIER'S TERMS | 3 | ||
| APPENDIX: MAIN POINTS OF AN IT CONTRACT | 11 | ||
| 2 SYSTEMS PROCUREMENT CONTRACTS | 13 | ||
| THE NEGOTIATION PROCESS | 13 | ||
| BEWARE THE STANDARD CONTRACT | 15 | ||
| CONTRACT MECHANICS | 15 | ||
| COMMERCIAL HIGHLIGHTS | 18 | ||
| PROBLEM MANAGEMENT | 20 | ||
| ENFORCEABILITY OF EXCLUSION CLAUSES | 23 | ||
| 3 AVOIDING EMPLOYMENT PROBLEMS | 28 | ||
| INTRODUCTION | 28 | ||
| COMPUTER AND EMAIL USAGE POLICIES | 28 | ||
| AVOIDING HEALTH AND SAFETY CLAIMS | 33 | ||
| APPENDIX: SPECIMEN POLICY FOR COMPUTER AND EMAIL USE | 35 | ||
| 4 INTELLECTUAL PROPERTY LAW FOR COMPUTER USERS | 40 | ||
| INTRODUCTION | 40 | ||
| HARDWARE AND INTELLECTUAL PROPERTY RIGHTS | 41 | ||
| SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS | 42 | ||
| DATABASES AND INTELLECTUAL PROPERTY RIGHTS | 44 | ||
| WEBSITETS AND INTELLECTUAL PROPERTY RIGHTS | 45 | ||
| DOMAIN NAMES AND INTELLECTUAL PROPERTY RIGHTS | 46 | ||
| THE INTERNET AND TRADE MARKS | 47 | ||
| THE INTERNET AND COPYRIGHT AND DATABASE RIGHT | 49 | ||
| APPENDIX: A BASIC GUIDE TO INTELLECTUAL PROPERTY AND RELATED RIGHTS | 49 | ||
| 5 SOFTWARE ESCROW | 55 | ||
| INTRODUCTION | 55 | ||
| THE IMPORTANCE OF ESCROW FOR SOFTWARE USERS | 55 | ||
| WHEN DO YOU NEED ESCROW? | 56 | ||
| TECHNICAL CONSIDERATIONS | 59 | ||
| VERIFICATION | 59 | ||
| WHAT SHOULD BE LODGED? | 60 | ||
| THE AGREEMENTS | 61 | ||
| USER'S DUTIES | 62 | ||
| CHOOSING AN ESCROW AGENT | 62 | ||
| ADVANTAGES OF ESCROW FOR SOFTWARE OWNERS | 62 | ||
| 6 OUTSOURCING | 65 | ||
| INTRODUCTION | 65 | ||
| DEFINING THE SERVICES | 66 | ||
| DESIGN RISK | 67 | ||
| SERVICE LEVEL AGREEMENT | 67 | ||
| PRICING AND PAYMENT MECHANISMS | 69 | ||
| THE OUTSOURCING LIFE CYCLE | 70 | ||
| OTHER RELEVANT ISSUES | 73 | ||
| 7 DATA PROTECTION | 74 | ||
| INTRODUCTION | 74 | ||
| WHAT DATA ARE COVERED | 75 | ||
| SENSITIVE PERSONAL DATA | 76 | ||
| WHO NEEDS TO NOTIFY? | 76 | ||
| HOW TO NOTIFY | 77 | ||
| DATA PROTECTION PRINCIPLES | 80 | ||
| RIGHTS OF DATA SUBJECTS | 88 | ||
| EXEMPTIONS | 89 | ||
| PENALTIES AND ENFORCEMENT | 90 | ||
| REFERENCES | 91 | ||
| 8 DOING BUSINESS ONLINE | 92 | ||
| INTRODUCTION | 92 | ||
| INFORMATION TO BE PROVIDED TO CLIENTS | 93 | ||
| FORMING CONTRACTS ELECTRONICALLY | 95 | ||
| PERFORMANCE AND CANCELLATION | 97 | ||
| JURISDICTION | 98 | ||
| MARKETING COMMUNICATIONS | 99 | ||
| CONSEQUENCES OF NON-COMPLIANCE | 100 | ||
| OTHER CONSIDERATIONS | 101 | ||
| APPENDIX: CONSOLIDATED INFORMATION REQUIREMENTS | 102 | ||
| 9 SETTING UP JOINT VENTURES | 103 | ||
| INTRODUCTION | 103 | ||
| JOINT VENTURES AND IT PROJECTS | 103 | ||
| ESTABLISHING A JOINT VENTURE | 104 | ||
| STRUCTURE OF A JOINT VENTURE | 107 | ||
| THE OPERATING AGREEMENT | 112 | ||
| COMPETITION LAW | 114 | ||
| APPENDIX: CHECKLIST FOR A JOINT VENTURE OPERATING AGREEMENT | 115 | ||
| 10 CLOUD COMPUTING | 117 | ||
| WHAT IS CLOUD COMPUTING? | 117 | ||
| THE SERVICES IN THE CLOUD | 118 | ||
| THE EVOLUTION OF CLOUD COMPUTING | 118 | ||
| CLOUD FORMATIONS | 119 | ||
| SILVER LININGS AND THUNDER CLOUDS | 119 | ||
| DATA PROTECTION AND SECURITY | 122 | ||
| IMPORTANT CLAUSES IN A CLOUD COMPUTING CONTRACT FOR SERVICES | 123 | ||
| 11 OPEN SOURCE SOFTWARE | 126 | ||
| INTRODUCTION | 126 | ||
| WHAT IS OPEN SOURCE? | 126 | ||
| THE PUBLIC DOMAIN | 130 | ||
| OPEN SOURCE AND COMMUNITIES | 130 | ||
| OPEN SOURCE SOFTWARE BUSINESSES | 132 | ||
| RUNNING OPEN SOURCE IN YOUR BUSINESS | 133 | ||
| OPEN SOURCE AND LICENSING | 134 | ||
| SOFTWARE DEVELOPMENT IN CONTEXT | 137 | ||
| CONTRACTING OPEN SOURCE PROJECTS | 137 | ||
| OPEN SOURE SOFTWARE AND DUE DILIGENCE | 140 | ||
| OPEN SOURCE POLICIES AND PROCEDURES | 141 | ||
| OPEN SOURCE SOFTWARE: EMPLOYEES AND CONTRACTORS | 141 | ||
| OPEN SOURCE SOFTWARE AND PATENTS | 142 | ||
| ASSOCIATED LICENCES | 143 | ||
| 12 WEEE REGULATIONS | 144 | ||
| INTRODUCTION | 144 | ||
| THE PLAYERS | 144 | ||
| WHAT IS EEE AND WHAT DO THE REGULATIONS COVER? | 146 | ||
| KEY OBLIGATIONS ON IT BUSINESSES | 149 | ||
| KEY COMMERCIAL ISSUES | 151 | ||
| 13 FREEDOM OF INFORMATION | 153 | ||
| INTRODUCTION | 153 | ||
| TRANSPARENCY AGENDA | 154 | ||
| PUBLIC AUTHORITIES | 154 | ||
| A PUBLIC AUTHORITY'S OBLIGATIONS | 154 | ||
| PROVIDING INFORMATION TO THE PUBLIC AUTHORITY | 155 | ||
| THE REQUEST PROCESS | 156 | ||
| WITHHOLDING INFORMATION | 157 | ||
| IMPACT OF FOIA ON PRIVATE COMPANIES | 159 | ||
| DEALING WITH FOIA | 160 | ||
| PROCUREMENT | 161 | ||
| DRAFTING A CLAUSE | 162 | ||
| FURTHER INFORMATION | 162 | ||
| 14 RESOLVING DISPUTES | 164 | ||
| INTRODUCTION | 164 | ||
| OVERVIEW OF DISPUTE RESOLUTION METHODS | 164 | ||
| KEY FACTORS IN DISPUTE RESOLUTION | 165 | ||
| SPECIFIC DISPUTE RESOLUTION METHODS | 166 | ||
| CONCLUSION | 177 | ||
| APPENDIX: THE 'REASONABLENESS' TEST IN PRACTICE | 26 | ||
| INDEX | 178 | ||
| Back Cover | 184 |