BCS Law specialist group event.
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Synopsis
With the popularity of cloud computing and SaaS models, many of us may have forgotten how to review and analyse the legal and contractual risks of procuring software using a traditional on-prem software licence. However, in many respects the software licence is still the legal cornerstone of the technology supply throughout the world, from simple off-the-shelf products to highly customised and integrated business systems. This session provides a practical overview of the key features and essential elements of software licences, and the issues you'll need to consider from a buyer’s / licensee perspective in order to review and negotiate an effective software licence. In this session you will learn about:
- the approach to review and negotiations of software licence and support agreements
- getting the scope of the licence correct
- the importance of limitations and exclusions of liability
- how to ensure robust acceptance testing provisions are included
- the various approaches to intellectual property
- ensuring the technical / operational schedules align with the “front-end” legals
- avoiding the traps related to the provisions dealing with upgrades, updates, new versions and new releases
- how escrow agreements provide software users with protection against default or insolvency of a supplier.
About the speaker
Dr Sam De Silva FBCS, CITP, is a Partner in the Technology and Outsourcing practice at the largest law firm in Europe, CMS Cameron McKenna Nabarro Olswang LLP (CMS). Sam specialises in complex and strategic technology and outsourcing projects for both customers and supplies across a range of sectors and for the last 20 years has been a trusted legal advisor to CEOs, FDs, CIOs and Boards in relation to some of the most complex and innovative IT projects in the UK and internationally. Sam also regularly advises on data protection, privacy and cyber-security issues. Sam is named in the Who’s Who of Information Technology 2021, Who’s Who of Data Privacy and Protection 2021, and the Who’s Who of Data Security 2021 as both a Global Leader and Thought Leader in those areas of law.
Sam is the current Chair of the BCS Law SG as well as being a Trustee of the BCS Board and a member of the BCS Council and BCS Society Board. At an international level Sam is the UK representative on the EU Commission’s Expert Group on Cloud Computing Contracts, the UK representative on the IT Law Committee of the Bars and Law Societies of Europe (CCBE) and is the former immediate past Chair of the Tech & Sourcing Committee of iTech Law. At the national level, he is the past Chair on the Law Society's Technology and Law Committee (but still a committee member) and is on the Board of the Tech Faculty of the Institute of Chartered Accountants of England and Wales (ICAEW). Sam is also the Co-convenor on an ISO Working Group which led the development of the first ISO Standard on the Management of Legal Risk (ISO 31022). In relation to this work and his role, in late 2019 Sam won a prestigious BSI Standards Markers Award in the category of “Representing the UK” and in the 11th annual CIR Risk Management Awards in 2020 Sam was winner of the Risk Management Champion Award.
As well as being a qualified English law solicitor, Dr De Silva is also a Barrister and Solicitor of the High Court of New Zealand and a Solicitor of the Supreme Court of New South Wales, Australia.
Our events are for adults aged 16 years and over.
This event is brought to you by: BCS Law specialist group
