A Manager’s Guide to IT Law | by Jeremy Holt and Jeremy Newton | ISBN: 9781902505558. MAIN POINTS OF AN IT CONTRACTS. Systems Procurement Contracts. Intellectual Property Law. IT MERGERS AND ACQUISITIONS. IT DUE DILIGENCE. HOW TO STRUCTURE A JOINT VENTURE.
Saturday, October 30th, 2010A Manager’s Guide to IT Law
by Jeremy Holt and Jeremy Newton
ISBN:9781902505558
Including examples from actual case law used to illustrate the kinds of problems and disputes that most commonly arise, this comprehensive guide discusses the IT-related legal issues faced by businesses and their staff on a daily basis.
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A Manager’s Guide to IT Law
Foreword
Abbreviations
Glossary
A-D
E-O
P-V
Useful Organizations
Preface
Chapter 1 – IT Contracts
INTRODUCTION
PARTS OF A CONTRACT
WHO ARE YOU GOING TO CALL?
CHECKING OUT THE SUPPLIER
LETTER OF INTENT
THE SUPPLIER’S TERMS
WHAT CONTRACTS ARE THERE LIKELY TO BE?
APPENDIX: MAIN POINTS OF AN IT CONTRACT
Chapter 2 – Systems Procurement Contracts
THE NEGOTIATION PROCESS
CONTRACT MECHANICS
COMMERCIAL HIGHLIGHTS
PROBLEM MANAGEMENT
CONCLUSION
APPENDIX: THE ‘REASONABLENESS’ TEST IN PRACTICE
Chapter 3 – Implementing New Systems
INTRODUCTION
SETTING REALISTIC EXPECTATIONS
SPECIFYING THE CORRECT REQUIREMENT
SCOPING THE PROJECT
PLANNING
REALIZING BENEFITS
IT IN MERGERS AND ACQUISITIONS
IT DUE DILIGENCE
CONCLUSIONS
REFERENCES
Chapter 4 – Avoiding Employment Problems
INTRODUCTION
COMPUTER AND EMAIL USAGE POLICIES
AVOIDING HEALTH AND SAFETY CLAIMS
APPENDIX: SPECIMEN POLICY FOR COMPUTER AND EMAIL USE
Chapter 5 – Instructing an IT Consultant
INTRODUCTION
SO YOU THINK YOU NEED A CONSULTANT?
FINDING A CONSULTANT
SELECTING THE RIGHT CONSULTANT
PRICING STRUCTURES
ASSESSING SKILLS AND KNOWLEDGE
GETTING VALUE FROM THE CONSULTANT
WHEN ALL ELSE FAILS
APPENDIX: TEMPLATE FOR A TERMS OF REFERENCE DOCUMENT
REFERENCES
Chapter 6 – Intellectual Property Law for Computer Users
INTRODUCTION
HARDWARE AND INTELLECTUAL PROPERTY RIGHTS
SOFTWARE AND INTELLECTUAL PROPERTY RIGHTS
DATABASES AND INTELLECTUAL PROPERTY RIGHTS
WEBSITES AND INTELLECTUAL PROPERTY RIGHTS
DOMAIN NAMES AND INTELLECTUAL PROPERTY RIGHTS
THE INTERNET AND TRADE MARKS
THE INTERNET AND COPYRIGHT
APPENDIX: A BASIC GUIDE TO INTELLECTUAL PROPERTY AND RELATED RIGHTS
Chapter 7 – Source Code Escrow
INTRODUCTION
THE IMPORTANCE OF ESCROW FOR SOFTWARE USERS
WHEN DO YOU NEED ESCROW?
TECHNICAL CONSIDERATIONS
VERIFICATION
WHAT SHOULD BE LODGED?
THE AGREEMENTS
USER’S DUTIES
CHOOSING AN ESCROW AGENT
ADVANTAGES OF ESCROW FOR SOFTWARE OWNERS
CONCLUSION
Chapter 8 – Outsourcing
INTRODUCTION
DEFINING THE SERVICES
DESIGN RISK
SERVICE LEVEL AGREEMENT
PRICING AND PAYMENT MECHANISMS
THE OUTSOURCING LIFE CYCLE
OTHER RELEVANT ISSUES
Chapter 9 – Data Protection
INTRODUCTION
WHAT DATA ARE COVERED
SENSITIVE PERSONAL DATA
WHO NEEDS TO NOTIFY?
HOW TO NOTIFY
DATA PROTECTION PRINCIPLES
RIGHTS OF DATA SUBJECTS
EXEMPTIONS
PENALTIES AND ENFORCEMENT
REFERENCES
Chapter 10 – Doing Business Electronically
INTRODUCTION
PRIOR AUTHORIZATION
INFORMATION TO BE PROVIDED TO CLIENTS
FORMING CONTRACTS ELECTRONICALLY
PERFORMANCE AND CANCELLATION
JURISDICTION
MARKETING COMMUNICATIONS
CONSEQUENCES OF NON-COMPLIANCE
VAT ISSUES
OTHER CONSIDERATIONS
APPENDIX: CONSOLIDATED INFORMATION REQUIREMENTS
Chapter 11 – Setting up Joint Ventures
INTRODUCTION
JOINT VENTURES AND IT PROJECTS
ESTABLISHING A JOINT VENTURE
STRUCTURE OF A JOINT VENTURE
THE OPERATING AGREEMENT
COMPETITION LAW
APPENDIX: CHECKLIST FOR A JOINT VENTURE OPERATING AGREEMENT
Chapter 12 – Resolving Disputes
INTRODUCTION
DISPUTE RESOLUTION METHODS
CONCLUSION
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