Here you can read some articles on Italian and International commercial and outsourcing agreement drafting and legal issues from either Giulio Coraggio or the other authors of GamingTechLaw.
Outsourcing agreements relating to cloud projects in the healthcare sector (eHealth or telemedicine) trigger relevant regulatory and contractual issues.
We covered issues connected to liability clauses, termination clauses, SLAs and penalty/liquidated damages clauses, forum selection and applicable law clauses, intellectual property clauses in outsourcing agreements, but I thought that we had to review data protection / privacy clauses which are vital for outsourcing agreements involving the flow of data between different entities located worldwide that trigger major data protections issues .
Intellectual property clauses may decide the success or failure of an outsourcing deal as they set the rights, limitations and protections of IP exploitation rights during the term of the agreement and after its termination.
Implications of forum selection and applicable law clauses are often underestimated, but they become a major issue when outsourcing agreements have to be enforced. After having discussed about liability, termination and SLAs and penalty clauses, we will review the most often issues connected with such clauses.
Termination clauses in outsourcing agreements are critical also in order to proper manage the migration to a new supplier and pending liabilities.
What regulatory issues should be considered in liability clauses of an outsourcing agreement? How do they change depending on the law?