The rapid advancement in technology is disrupting traditional business models and transforming organisations at an ever-increasing pace, presenting both opportunity and risk to organisations who integrate technology.

We advise our clients on a broad range of technology issues, including traditional IT procurement contracts and technology transactions, tech and data focused regulatory compliance, and the implementation of innovative and cutting-edge technology such as blockchain and big data. We have the depth of experience to partner with you in rolling out state-of-the-art solutions that ensure your technology and data strategies are adopted and implemented in a compliant and legally sound manner.

Our technology lawyers understand not only the legal aspects of our client’s IT projects, but also the technology itself and the business drivers underpinning its adoption. We work closely and collaboratively with our clients to navigate them through the complexities of their technology implementation - offering an integrated approach that considers their overarching technology strategy.

Technology transactions

The negotiation of technology transactions can bring specific risks and challenges, especially for those in regulated industries. Our tech-savvy team is as comfortable handling the roll-out of a huge government IT project as it is advising on bespoke software licencing agreements for a high-growth start-up. 

Our team is experienced with the full remit of technology-related commercial transactions, including:

• software-as-a-service (SAAS) licence agreements;
• other services agreements (e.g., agreements for provision of managed services, x-as-a-service, hardware and software support services, consulting and other professional services);
• IT outsourcing agreements;
• software and mobile app development and licensing;
• hardware acquisition and installation contracts;
• system integration agreements;
• maintenance and support agreements;
• development agreements (including agile agreements);
• contracts for cloud computing and cloud storage;
• service level agreements;
• inbound and outbound technology licenses;
• master services agreements and master supply agreements;
• open-source terms & conditions;
• internet and multimedia license and content agreements;
• end-user licenses and other forms;
• e-commerce terms;
• reseller / VAR / OEM agreements;
• distribution agreements; and
• joint venture and strategic alliance relationships.
  

Auxlaw’s involvement spans all aspects of our client’s technology transactions, and we often support the implementation and in-life management of technology projects as well as the renegotiation of distressed projects.

Privacy and Data

In an increasingly digital world, understanding the legal issues that can arise around the collection, use and disclosure of personal data and commercially sensitive information has never been more vital. 

Whether it’s the Privacy Act or privacy laws in other jurisdictions, data breaches, data transfer challenges or use of cookies and other forms of online tracking, our privacy experts will provide you with advice you can trust at every step of the information life cycle. 

Our experience spans:

• data security - advising both on proactive measures to be adopted by business to address data security and dealing with the response to data security breaches (including in respect of notifiable data breaches in Australia and overseas);
• privacy - developing privacy compliance programs (including drafting privacy policies) and advising on processes and structures to lawfully collect, use and disclose personal information (including under foreign privacy regimes, such as the GDPR);
• developing and negotiating international data transfer agreements, including GDPR-compliant Data Processing Agreements;
• freedom of information - advising both public and private sector bodies on disclosure requirements and risks under freedom of information legislation;
• transactions - dealing with data protection issues associated with commercial transactions (e.g., in relation to the transfer of data as an asset);
• marketing - advising on the rules relating to telephone, email and SMS marketing, SPAM Act compliance, and data profiling activities; and
• consumer data right – advising on consumer data right programs for data holders, data recipients and other parties under the CDR framework.