10.08.2023

Legal aspects of outsourcing in the IT Industry

The concept of outsourcing is often discussed in the IT industry. On the one hand, the ordering parties want to “throw away” many services from the company, and on the other hand, thanks to this, a whole market of IT service providers has been created. Sometimes these are companies that provide only outsourcing services – that is, they are a kind of intermediary between specialists and end customers.

05.08.2023

Non-solicitation clause in IT contracts

Non-solicitation clauses are often inserted into IT contracts (but not only). In a nutshell, it is an obligation of the other party to the contract (or a mutual obligation) not to employ the other party’s personnel. In the IT industry, this is of particular importance because the main “asset” that a software company has are its people (intellectual potential). No wonder, then, that entrepreneurs try to protect the constancy of their team at all costs.

28.07.2023

Chat GPT in IT contracts with software developers

Recently, in almost every corner of the Internet, many people have been discussing the new product of Open AI. As the company points out, they trained a model called ChatGPT that interacts with users in a conversational way (in the form of a chat). The dialogue format allows ChatGPT to answer additional questions, admit mistakes, question false premises, reject inappropriate requests, etc. This product has been hailed as a revolution and a milestone in the development of artificial intelligence (AI).

20.07.2023

Litigations in the IT industry from the contractor’s perspective

More and more often I encounter disputes in the IT industry. This shouldn’t be surprising. The ever-growing IT market must bring with it more and more court disputes. They usually concern issues related to the implementation of IT projects or contracts for the provision of IT services. Each court dispute is not only a time-consuming and costly matter, but also a risk of losing the reputation and trust of clients. In practice, every IT project raises a significant risk of litigation. In this article, we will provide best practices for IT contractors to prepare for a dispute.

10.07.2023

Termination B2B agreements in the Polish IT Sector

Contracts are most often thought of in the context of their contents. However, it’s good to think about some kind of exit plan right away. It is worth taking care of how the contract can be terminated. Both parties usually find out about the defects of contract termination clauses too late, i.e. when they want to terminate such a contract. How to approach this topic so that, on the one hand, you can secure your interests well, but on the other hand, so that the contract is not too flexible.

25.06.2023

Best practices for negotiating an agreement with a software house

In the realities of the third decade of the twenty-first century, the use of the services of an IT specialist is becoming an integral part of running almost any business. Each such cooperation should be based on a professionally prepared contract adapted to the provisions of law in force in a given country. In my article I describe what you should consider when negotiating an IT contract with a Polish entity and I indicate the most important provisions of such agreement.

07.06.2023

Non-Compete Agreements in the IT sector

IT companies, due to the huge competition for every specialist on the market try to protect themselves in various ways already at the stage of negotiating the conditions and signing the contract. One of these ways are complex regulations on establishing a non-competition agreement. In my article I will describe, among other things, what a non-competition agreement is, what is considered as a competitive activity, how the non-competition agreement looks like in specific contracts, and how the issue of remuneration for inclusion in the non-competition agreement is regulated.

31.05.2023

Copyright in an IT project in Polish law

Negotiating contracts in the IT sector requires comprehensive regulation of copyright. Although copyright regulations are similar in European Union countries, specific legal systems often contain significant differences. From my article you will learn about the protection of your proprietary copyrights in the Polish legal system, the differences between proprietary and moral copyrights and how you should protect yourself.