Issues to consider in IT procurement
Issues to consider in IT procurement

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Issues to consider in IT procurement
  • Main stages of IT procurement
  • Key contract documentation
  • Key legal and commercial issues
  • Scoping, design and build
  • Testing and acceptance
  • Ownership of intellectual property rights (IPR)
  • Terms of use
  • Source code
  • Price and payment
  • More...

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for TMT?

This Practice Note explores IT procurement (or information technology procurement, tech procurement or technology procurement) setting out the main stages in the IT procurement process, key contract documentation, the principal legal and commercial issues and some specific cloud computing and open source software (OSS) considerations. It focuses on customer concerns but also highlights some considerations for the supplier where relevant to IT procurement.

Issues specific to public IT procurement and government information and communications technology (ICT) procurement are not covered here but instead see Practice Notes: Public procurement—private sector considerations and Freedom of information and public contracts.

Main stages of IT procurement

An IT procurement exercise will broadly follow a lifecycle comprising some or all of the following stages (depending on the value and complexity of the procurement and the sourcing approach adopted):

  1. the customer identifies their initial requirement for a product/service/solution in response

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