In a recent article, our team explored whether Master Services Agreements (“MSAs”) are truly built for today’s modern technology landscape ,particularly in light of artificial intelligence, cybersecurity risks and evolving data protection frameworks. That highlighted a critical reality: many organisations continue to rely on MSAs that were drafted for a very different operating environment.
It also raises a further question: where an MSA has been updated to account for technological change, is it capable of responding to a world that is no longer stable, predictable or uniform?
The contracting landscape has shifted in a way that goes beyond technology. Geopolitical tension, regulatory divergence and data sovereignty requirements are no longer peripheral considerations. They are central to how services are delivered, how risk materialises and how liability is ultimately allocated.