Information Technology

The Practice

The Arthur Cox Technology Group is a leading practice in the area in Ireland and complements the firm’s client base, ensuring that we continue to provide the full range of legal services to our clients. We advise clients both operating in technology industries and availing of technology services on all aspects of technology law. The firm’s technology practice is an integral part of the overall Technology and Life Sciences Group, and draws on the expertise of lawyers within the fields of Intellectual Property, Privacy and Data Protection, Media and Entertainment and Betting & Gaming.

Please also visit our Technology & Intellectual Property online resource, ‘TechBrief Now’, in the FYI Updates section of the site, which brings you the latest news, updates and commentary on a range of issues relevant to the technology and intellectual property sector in Ireland and further afield.

Expertise

The Group advises on the full range of technology issues including:

  • eBusiness
  • Web 2.0
  • Cloud Computing

Our e-Business practice extends across multiple industries and specialties. In particular, we provide concise, practical advice on:

  • Compliance with the increasing amount of European and domestic Distance Contracts and Electronic Commerce legislation
  • The lawful obtaining, processing and retention of data
  • Distance marketing by email, SMS and other forms of communication
  • Privacy and Data Protection compliance
  • Payment processing, e-money and Payment Services Directive
  • Drafting of distance contracts, including online Terms and Conditions and Privacy Policies
  • Legal implications of online betting and gaming, online auctions, reward schemes and other innovative eBusiness models
  • Cyberliability

Our e-Business client base extends across some of the world’s largest multinational internet operators, online banks, payment processors, online betting and gaming providers and e-government.

Financing Technology Companies

We act for many of Ireland’s emerging and established technology companies. The Technology and Life Sciences Group advises a wide range of start-ups on raising finance from investors and, in particular, venture capitalists.

Transactions & Contracting

The Technology and Life Sciences Group includes a busy practice in the area of IT and general transactions and contracting. General IT contracting includes assisting clients in the negotiation and drafting of contracts, the structuring of IT projects and management of contracting exit. This includes general IT contracting, together with IT outsourcing and e-Business. The practice reflects the broad client base of the firm, acting for both customers and suppliers across a range of areas.

Outsourcing

The Technology and Life Sciences Group includes a leading practice in the area of outsourcing. This includes the range of outsourcing transactions, from technical managed services, through functional facilities management and outsourcing to business process type outsourcing. We work through the scope of outsourcing transactions, from project structure, through procurement, deal negotiation and contract conclusion. We also assist clients post-contract in project restructuring, dispute resolution and exit management.

Technology Dispute Resolution

Within the Technology and Life Science Group, we have a growing practice in the area of technology dispute resolution. We work closely with our Litigation and Dispute Resolution Group colleagues in assisting clients in the resolution of disputes, acting for both IT customers and suppliers.

Software & Services

We act for a broad range of domestic and international clients in relation to the development and distribution of software from Ireland. Our practice covers the creation/ownership of software (advising on employee agreements, confidential disclosure agreements, consulting agreements, software development agreement and assignments), the provision of software to users (advising on beta test site, user licence, distribution and shrinkwrap agreements), and transfer pricing and tax aspect, repair and improvements to software (support and maintenance agreements and escrow agreements).

Intellectual Property

The Technology Group works alongside the firm’s specialist advisory, transactional and contentious Intellectual Property practitioners, as required.

Collaborative Research

The Technology and Life Sciences Group, in conjunction with the Intellectual Property Group, advise a wide range of clients, including third level institutions, pharma companies and agri-business companies, on collaboration research agreements.

Experience

Advisory and Transactional

The firm has developed a pro-active approach, which involves working closely with our clients, both on the supply and user side, and providing a full service in connection with all Technology projects and programmes.

Examples of our recent Technology projects include advising:

  • a consortium of universities on the procurement of supercomputer, telecom facilities and related services
  • a public body, representing IT requirements of local authorities, in the procurement of a range of software and services, including payroll, personnel and pension superannuation
  • a leading agri-business supplier in acquisition of ERP solution, including outsourcing of support services (on a software as a service basis)

The following are examples of recent outsourcing transactions where we advised:

  • a pensions administrator in outsourcing of defined contribution administration function
  • a national broadcasting organisation in outsourcing of IT application support function
  • a national airport authority in outsourcing of IT application support function
  • a leading outsourcing supplier in provision of outsourced software support function to leading software supplier
  • a leading pharma company in an outsourcing programme across a number of sites, including warehousing, transportation, catering, security and site facilities management
  • a large semi-state entities on the outsourcing of call centre and customer support functions

Contentious

Examples of recent successful engagements where the firm has advised on contentious matters include where we acted for:

  • health sector in suspension and partial termination of two high profile national IT projects
  • leading agri-business company in resetting of SI component of ERP project with leading supplier
  • leading agri-business company in termination of one ERP supply contract and replacement with alternative, including resolution of subsequent dispute with that supplier
  • public sector centralised IT supply organisation supplying third level educational sector, in terminating functional component of ERP supply contract and replacement with third party product, all within the confines of public procurement regime
  • large semi-state entities on the outsourcing of call centre and customer support functions