Technology law is perhaps the hottest, most in-demand branch of the legal profession today. You may not have heard about it, but tech law helps keep you and your information safe. It also ensures a fair and competitive marketplace for sellers and buyers, and may soon provide answers to some of modern society’s biggest questions, such as robotics and artificial intelligence. So with that in mind, here’s what you need to know about technology law.
About Information Technology Law
Information Technology Law is a transactional-based practice that addresses the issues that arise when companies develop, license, acquire, or sell information technology and computer-related products and services. Specifically, lawyers in this field typically advise clients regarding intellectual property, licensing, software, hardware, technology transfer, outsourcing, e-commerce, procurement, consulting services, Internet, telecommunications, joint ventures, and strategic alliances, in each case across a broad spectrum of industries and technologies. Information Technology lawyers also counsel clients on regulatory issues involving information technology, such as export compliance, data security, and domestic and international privacy regulations, directives, and standards.
Clients typically are users and providers of information technology, ranging from start-up enterprises to large multinational corporations. The lawyers work with in-house counsel and business units to structure, draft, and negotiate agreements to meet the client’s needs and appropriately address commercial risk. The agreements involve the development, commercialization, and exploitation of IT-based assets and services and are typically between users and providers of IT products and services.
For example, lawyers in the Information Technology field help structure and negotiate license or purchase agreements for information technology or e-commerce resources a company needs to operate its business, both online and offline. These types of agreements can be software license agreements, software development agreements, software as a service (“Saas”) and cloud computing agreements, computer equipment purchase agreements, OEM agreements, and data and content acquisition licenses.
Information Technology lawyers also help structure and negotiate third-party services agreements needed to run a company’s IT infrastructure and operations. Examples of these types of agreements are hosting agreements, hardware and software support and maintenance agreements, systems integration agreements, consulting services agreements, and outsourcing agreements for a number of internal IT functions, including data center management, applications development and maintenance, desktop and device support, server management, and telecommunications.
Information Technology lawyers often structure and negotiate transactions that involve the commercialization and exploitation of intellectual property. This can occur through joint ventures, strategic alliances, or the license or sale of intellectual property.
Main responsibilities-Technology Lawyer job description
To draft and negotiate technology agreements to ensure legal interests are protected and best value from its commercial relationships.
To lead and/or support on drafting and negotiation of other engineering and technology agreements to ensure legal interests are protected and best value from commercial relationships.
To ensure compliance with responsibilities under the various contracts, and to aid the effective resolution of any disputes.
To ensure compliance with all relevant legislation, and in particular with European Procurement Regulations.
To identify legal issues and risks relevant to the division and to advise the business on strategies and solutions for mitigating such legal issues and risks.
To work closely with the Supplier Management team and Service Assurance teams to:
(i) ensure the legal and commercial objectives of
third party contracts are effectively tracked and delivered;
(ii) ensure that up-to-date records of third party contracts are maintained and IPR is effectively managed;
(iii) ensure that effective and timely support and advice is provided; and
(iv) ensure effective communications between the organisation and its engineering and technology suppliers,
To be a source of knowledge to stakeholders on the key terms and conditions of key engineering and technology contracts, and provide guidance/training as appropriate.
To support engineering and technology procurements, ensuring compliance with its obligations of transparency and fairness whilst assisting to secure the best commercial position during any procurement process.
To ensure that all third party agreements are consistent with policies and guidelines, including any local policies and guidelines,
To liaise and consult with Corporate Legal, Fair Trading, Finance and Procurement to ensure adherence with corporate policies and positions and that appropriate skills and expertise are applied to all engineering and technology legal matters.
How to Become a Tech Lawyer
The one thing that makes being a tech lawyer exciting and challenging is that the field is continuously evolving and changing. You need to stay on your toes if you go this route in your legal career.
Understand Your Strengths as an Attorney
You don’t need to be a computer scientist to be a tech lawyer. However, there are certain skills that are better in some situations than others. You want to honestly assess your strengths and then find the specialization that best fits your skills.
Choose a Specialization Within the Specialization
Yes, there are specializations within the specializations of technology law. Technology is broad, and you want to narrow down to an area of law that plays to your strengths. Here are a few areas to explore.
Legal engineers is another way to refer to tech lawyers. Legal engineers are experts in data governance. They take the complexities around data privacy laws and regulations and work with the IT team to make sure that the company is compliant.
This is a critical function because noncompliance can result in massive fines for companies.
Intellectual property is a big area for tech companies. Companies want to have an attorney that will protect their intellectual property from theft and knockoffs drowning the market. Canon just won a lawsuit against counterfeiters selling knockoff batteries on eBay.
IP law also entails licensing matters. Some companies license their technologies for sale and use. These agreements need to be negotiated.
International Tech Law
Data governance is much more complex at an international level. As governments are becoming more aware of data privacy issues,
The General Data Protection Regulation that was passed by the European Union requires that companies that target a European audience comply with the regulation.
In the U.S., states are beginning to pass their own data privacy laws and regulations. This will make compliance for any firm incredibly frustrating and complex.
Your job as an international tech lawyer is to stay up to date with tech laws around the world and understand how they impact your client.
Technology has impacted every industry and each industry is struggling to adapt.
For example, the financial and healthcare sectors have their own regulations for data privacy. You could become a specialist within a certain industry.
Pharmaceuticals, healthcare, financial, and retail sectors have a need for a tech lawyer.
Employment and Contracts Law
Tech companies are under a great amount of scrutiny over their hiring practices. These companies often rely on contractors to operate.
State governments are contending that many of these contractors are actually employees. California’s new law just went into effect and we’re just beginning to see the implications of that law.
You’ll need to advise companies whether or not their staff should be classified as employees or how they should work with contractors.
Best Cybersecurity Practices for Tech Lawyers
As a tech lawyer, you’re likely to represent large organizations that have extensive knowledge of emerging tech issues.
In a sense, there are high expectations from your clients to make sure that your own IT infrastructure is efficient and secure. It’s part of the process to build trust and to show that you understand technology issues well.
As your practice and reputation grow as a tech lawyer, you may become a target yourself for cyberattacks. You have to be on guard and make sure that your practice is protected. A data breach of any kind could be damaging and difficult to recover from.
Legal IT Services has an in-depth look at the tech issues that need your attention.