This session is designed for those individuals who are employed by a SME to large consulting firm or a partner/director in such a firm.
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Synopsis
This session is designed for those individuals who are employed by a SME to large consulting firm or a partner/director in such a firm. It is not designed for independent contractors or those engaged through a service company.
A consulting agreement/contract with clients is one of the most important legal documents for a consultant. However, often these contracts are not considered carefully and a consulting firm either accepts the client’s terms for the engagement “as is” or the consulting firm uses a contract which has not been properly drafted. This session will explore the following:
- managing the risks of a consulting proposal which has been drafted in “sales speak”
- crafting a scope of services to minimise the risks of open-ended obligations and outcome deliverables
- the importance of exclusions and limitations of liability
- protecting intellectual property
- issues with acceptance testing
- having enforceable payment obligations
- ensuring robust termination rights
- including appropriate data protection provisions
About the speaker
Dr Sam De Silva CITP, FBCS, is a Partner in the Technology and Outsourcing practice at the largest law firm in Europe, 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.
As both a BCS Council member and Trustee Board Member, as well as one of a handful of technology lawyers volunteering at BCS, Sam makes it his mission to dispel myths and educate other IT professionals to ensure everyone is on the same page.
Our events are for adults aged 16 years and over.
This event is brought to you by: Consultancy specialist group
