Developments in the Internet and mobile devices have led to a change in the way in which software is sold. There has been a shift from traditional computer applications acquired by buying a physical licence for a particular version to models based on software as a service (SaaS) or monthly subscriptions, which provide a great deal of flexibility to both manufacturers and users.
At the same time, it is increasingly common for all kinds of companies, whether large or small, to outsource the creation of customised apps for mobile devices or web platforms with multiple functionalities. A sound definition of relations between developer and customer is vital if projects of this type are not to run aground; and this process necessarily includes dealing with legal considerations.
As lawyers, we are used to providing legal advice in situations of this kind and many others, such as database operation, marketing of hosting services, or server or systems maintenance. We draft licences and contracts, strengthen the protection of intellectual property and guide our clients in areas such as regulatory compliance or protection of the source code.
- We advise both developers and customers on the software creation process, protecting aspects such as know-how and the source code, and determining the correct scope and delivery times.
- We analyse to what extent your apps are adapted to the policies of the main platforms, whether mobile or social networks, and we draft the corresponding legal warnings.
- We help manufacturers, distributors, partners and end users to mitigate the consequences of unauthorised installation of computer programs, providing sustainable and balanced agreements.
- We prepare the general contractual conditions aimed at end customers, whatever the model of deployment (IaaS, PaaS, SaaS, etc.) and with special emphasis on regulatory compliance.
- We participate in the development of websites, coordinating with developers to ensure that legal obligations (cookies, e-commerce, etc.) are taken into account from the initial design stage.