Description

The IT project is no longer reduced to a contract for carrying out specific developments. It presents new risks, multiple facets and requires an adapted legal approach. This seminar proposes to outline the broad outlines on the basis of real-life experiences.

Who is this training for ?

For whom ?

Project management, project management (DSI, DI, project manager), purchasing management of intellectual services, legal management.

Prerequisites

Training objectives

Understand the guiding principles of an IT contract

Understand the pre-contractual phase

Master the framing, drafting and conclusion of the contract

Lead the execution and end of the IT contract

Training program

• The end of the IT contract
  • rnPeaceful end: resolution, termination or expiration.
  • Contractual dispute management mechanisms.
  • IT litigation: termination or resolution before the judge.
  • Premeditated exit from contract.
  • Transaction.
  • Reversibility.
  • Passing of the baton.
  • Guarantee, plan, price of reversibility.
• Drafting and concluding the contract
  • Technical, legal and financial parts.
  • Powers: apparent mandate, representation of company law.
  • Third parties: subcontracting, beneficiaries, others .
  • Contractual architecture and IS governance.
  • Applicable law.
  • Exchange of consents.
  • Principle of consensualism.
  • Defect in consent.
  • Conditional commitments: desired effect.
  • Purpose of the contract and scope of the project.
  • Nature of the services: consistency with the 'object.
  • Duration as a negotiating lever.
  • Intellectual property.
  • Contractual management, transfer of rights, licenses, guarantees.
  • Contractual fault and obligation of means/result.
  • Clauses limiting or exonerating liability.
• The framing of the contract with regard to the constraints of the project
  • Framework and "sequencing" of discussions, following the service provider selection stage.
  • Definition of an appropriate contractual structure.
  • Tools for double legal and financial reading of the main clauses of the contract.
  • Distribution of responsibilities and main indicators for contract management and monitoring.
• The pre-contractual phase
  • Expression of needs/regulations/standards.
  • Constraints.
  • ERP approach.
  • Global integration project .
  • Service levels expected from outsourcing.
  • Offer to contract: the commercial proposal.
  • Acceptance of the offer: express/tacit: pitfalls.
  • General conditions: enforceability.
  • Revocation of the proposal.
  • Distinction between public contracts and private contracts.
  • Choice of service provider and the legal prerequisites.
  • Pre-contractual negotiation.
  • Pre-contracts.
  • Protecting the company's know-how.
• The IT contract for what reality?
  • The operational reality: diversity of projects.
  • The search for a contractual balance around the issues and constraints to avoid certain errors.
  • A context omnipresent and structuring regulatory framework.