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Is there a single regulatory regime that governs software?
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How are proprietary rights in software and associated materials protected?
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In the event that software is developed by a software developer, consultant or other party for a customer, who will own the resulting proprietary rights in the newly created software in the absence of any agreed contractual position?
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Are there any specific laws that govern the harm / liability caused by Software / computer systems?
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To the extent not covered by (4) above, are there any specific laws that govern the use (or misuse) of software / computer systems?
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Other than as identified elsewhere in this overview, are there any technology-specific laws that govern the provision of software between a software vendor and customer, including any laws that govern the use of cloud technology?
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Is it typical for a software vendor to cap its maximum financial liability to a customer in a software transaction? If ‘yes’, what would be considered a market standard level of cap?
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Please comment on whether any of the following areas of liability would typically be excluded from any financial cap on the software vendor’s liability to the customer or subject to a separate enhanced cap in a negotiated software transaction (i.e. unlimited liability): (a) confidentiality breaches; (b) data protection breaches; (c) data security breaches (including loss of data); (d) IPR infringement claims; (e) breaches of applicable law; (f) regulatory fines; (g) wilful or deliberate breaches.
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Is it normal practice for software source codes to be held in escrow for the benefit of the software licensee? If so, who are the typical escrow providers used? Is an equivalent service offered for cloud-based software?
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Are there any export controls that apply to software transactions?
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Other than as identified elsewhere in this questionnaire, are there any specific technology laws that govern IT outsourcing transactions?
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Please summarise the principal laws (present or impending), if any, that protect individual staff in the event that the service they perform is transferred to a third party IT outsource provider, including a brief explanation of the general purpose of those laws.
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Please summarise the principal laws (present or impending), if any, that govern telecommunications networks and/or services, including a brief explanation of the general purpose of those laws.
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What are the principal standard development organisations governing the development of technical standards in relation to mobile communications and newer connected technologies such as digital health or connected and autonomous vehicles?
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How do technical standards facilitating interoperability between connected devices impact the development of connected technologies?
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When negotiating agreements which involve mobile communications or other connected technologies, are there any different considerations in respect of liabilities/warranties relating to standard essential patents (SEPs)?
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Which body(ies), if any, is/are responsible for data protection regulation?
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Please summarise the principal laws (present or impending), if any, that that govern data protection, including a brief explanation of the general purpose of those laws.
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What is the maximum sanction that can be imposed by a regulator in the event of a breach of any applicable data protection laws?
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Do technology contracts in your country typically refer to external data protection regimes, e.g. EU GDPR or CCPA, even where the contract has no clear international element?
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Which body(ies), if any, is/are responsible for the regulation of artificial intelligence?
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Please summarise the principal laws (present or impending), if any, that that govern the deployment and use of artificial intelligence, including a brief explanation of the general purpose of those laws.
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Are there any specific legal provisions (present or impending) in respect of the deployment and use of Large Language Models and/or generative AI?
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Do technology contracts in your jurisdiction typically contain either mandatory (e.g mandated by statute) or recommended provisions dealing with AI risk? If so, what issues or risks need to be addressed or considered in such provisions?
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Do software or technology contracts in your jurisdiction typically contain provisions regarding the application or treatment of copyright or other intellectual property rights, or the ownership of outputs in the context of the use of AI systems?
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What are the principal laws (present or impending), if any, that govern (i) blockchain specifically (if any) and (ii) digital assets, including a brief explanation of the general purpose of those laws?
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Please summarise the principal laws (present or impending), if any, that govern search engines and marketplaces, including a brief explanation of the general purpose of those laws.
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Please summarise the principal laws (present or impending), if any, that govern social media, including a brief explanation of the general purpose of those laws?
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What are your top 3 predictions for significant developments in technology law in the next 3 years?
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Do technology contracts in your country commonly include provisions to address sustainability / net-zero obligations or similar environmental commitments?