A team of our experts offers legal assistance in the broadly understood IT law and telecommunications law. Our extensive experience includes working with public entities (local governments and public administration), as well as private entities, both domestic and international.
We advise both the providers of IT solutions and their customers.
In the field of IT law, our services include:
- audits of the legality of software,
- assistance with IT contracts,
- handling disputes in the IT industry,
- ensuring effective protection of IT systems and their components,
- legal support relating to the legal aspects of new technologies,
- implementation of a system for tax deduction of 50% of the cost of revenue in IT companies,
- providing training and workshops.
In the field of telecommunications law, we offer:
- legal services for telecommunications companies,
- advising on investments in broadband networks,
- assistance with telecommunications contracts and terms & conditions,
- providing training and workshops.
IT LAW - Audits of the legality of software
The Law Firm provides services involving verification of the rights available to our clients on the basis of their software contracts, in particular licences and copyright transfer agreements. The analysis and verification performed during the audit covers the scope of rights to all components of the information systems used by clients in dedicated, standard, and open source software. As a result, the client receives complete information about the legal risks associated with the use of the software, if any, and the Law Firm recommends a strategy of overcoming them and opportunities to optimise the scope of their rights (e.g. the possibility of migrating licences).
IT LAW - Assistance with IT contracts
Our comprehensive assistance with IT contracts ranges from the identification and analysis of the client’s needs in relation to the planned conclusion of a contract, through preparation of a draft contract and negotiations, to support at the stage of implementation of the contract.
Our lawyers have experience in projects related to the latest technological and organisational solutions, having drafted and negotiated contracts concerning, for example, cloud computing, solutions based on IaaS or SaaS models, implementations using Agile methodologies, and management and supervision of IT projects.
When drafting and negotiating implementation, maintenance, and outsourcing contracts, we take care not only of the legal security of our clients – by taking into account the wide legal context, including protection of intellectual property, tax environment, personal data protection, and requirements of the regulatory authorities – but also share our extensive experience and know-how in managing and minimising risks in IT projects with them.
Our legal support also includes the stage of contract performance, where we help clients alleviate the associated legal risks. We also have extensive experience in drafting and negotiating annexes, agreements, and settlement documents.
Our experience includes drafting, negotiation and assistance in the performance of:
- implementation contracts and agreements on pre-implementation analysis – carried out both in the Waterfall model and Agile methodologies,
- maintenance and development contracts using SLA/KPI, including those based on non-standard payment models,
- IT contracts concerning body leasing and in T&M models,
- contracts and terms & conditions regarding the use of software in the cloud computing model,
- hosting agreements and contracts for the collocation of equipment,
- contracts regarding projects based on IaaS or SaaS models,
- licence agreements (box, bench, click-wrap, open source, cloud),
- agreements regarding the transfer of copyrights to the software and other system components, including agreements for exiting vendor lock-in by the customer,
- IT contracts carried out in the public procurement regime,
- IT contracts with foreign providers.
IT LAW - Disputes in the IT industry
Our experts have experience in handling disputes related to the IT industry. We offer the possibility of assessing the validity of claims and building a strategy for the pre-trial and court stage, taking into account the specific nature of the IT industry. In this regard, we provide, depending on the particular dispute and customer needs, assistance in securing claims, securing electronic evidence for the purposes of potential proceedings, and cooperation with experts from the field of ICT.
IT LAW - Ensuring effective protection of IT systems and their components
The Law Firm provides services designed to ensure the protection of IT products and solutions developed by the client, such as computer programmes, computer games, or inventions using computer programmes. This support includes counselling both at the stage of obtaining such protection in Poland and in the world (including assessment of the patentability of software in Poland, Europe and the United States, drafting of the relevant protection agreements, and acquisition of the appropriate scope of rights) and in the case of violation of the client’s rights by third parties (identification of the violation and litigation).
IT LAW - Legal aspects of new technologies
The rapidly developing IT sector provides new solutions in areas such as the Internet of things or wearable tech, which may raise doubts from the perspective of different areas of the law – including the right to privacy and personal data protection. Our experts assess the innovative IT solutions, pointing to the possibilities of their protection as well as the potential risks associated with their use, while helping in the development of a strategy aimed at overcoming them.
IT LAW -Implementation of a system for tax deduction of 50% of the cost of revenue in IT companies
The employees of software providers, due to their creative work involving, among other things, the creation of source codes, graphic design and marketing materials, may be regarded as creators (authors) under copyright law, and thus beneficiaries of the higher tax deductible cost of revenue, amounting to 50% of their revenue.
The Law Firm provides services to enable comprehensive implementation of a system for accounting of these costs within the client’s organisation, including:
- audit of the work outcomes achieved in the different positions and of the client’s organisation of work,
- presentation of proposed models of implementation of a system for accounting of the 50% of the cost of revenue, and advice on selection of the optimal variant for the client,
- requesting of a tax ruling confirming the correctness of the model chosen,
- implementation of the model at the client’s and support at the stage of its implementation (changes in employee documentation, preparation of guides for employees, and training sessions).
Telecominications Law - Legal services for telecommunications companies
The Law Firm’s clients include telecommunications companies, which we advise both in the ordinary course of business (we issue opinions on the solutions to be implemented and on draft terms & conditions and contracts) as well as at the stage of administrative proceedings before the President of the Office of Electronic Communications and court proceedings, including before the Court of Competition and Consumer Protection. In addition, the Law Firm has particularly rich experience in the area of regulation of telecommunications markets, as well as disputes related to the regulation of the telecommunications market and inter-transmission system operator compensation.
Telecominications Law - Advising on investments in broadband networks
Ensuring universal access to the Internet has become one of the priorities in the EU’s financial framework. Projects related to broadband networks involve, in fact, advice not only in the field of telecommunications, but also other areas of law, such as construction law, EU subsidies, or public aid. The competences of the members of our IT-Telco team in this regard have allowed us to work for a public ordering party in a project implemented in the 2007-2013 financial framework, the subject matter of which was the construction and operation of broadband networks in one of the provinces. The Law Firm is also providing comprehensive support in the current 2014-2020 financial framework in connection with the construction and operation of a network within the Digital Poland Operational Programme.
Telecominications Law - Assistance with telecommunications contracts and terms & conditions
We provide services relating to the drafting, negotiation, evaluation and performance of contracts in the field of telecommunications services, such as:
- contracts for network access and interconnection, collocation agreements,
- contracts for the access and use of telecommunications infrastructure,
- contracts for the provision of maintenance and network administration services,
- contracts and terms & conditions in the field of telecommunications services: Internet access, VoIP, IPTV, and data transmission,
- contracts and declarations regarding the establishment of separate ownership of optical fibres and wires in telecommunication cables, including agreements to establish conditions for the sharing of the common part of the fibre optic cable or telecommunications cable,
- sale and lease of optical fibres.
Training and workshops
Our experts have years of experience in conducting dedicated training sessions and workshops in the field of IT law and telecommunications law, adapted to the requirements and needs of the client, including issues relating to intellectual property rights in IT, conclusion and performance of contracts (implementation contracts in the Waterfall and Agile methodology, maintenance contracts, and licensing contracts), and handling litigation in the IT industry.