Complex systems, contracts and liability
Our clients in this sector are predominantly highly innovative and technology-driven companies that offer complex IT systems or rely on them to manage their business, ranging from banking and insurance operators to technology platforms. In this context, our assistance involves managing contractual, regulatory and liability aspects in tandem, in sectors where the technological infrastructure is an integral part of the product or service offered.
The Firm handles the drafting and negotiation of contracts relating to the development of complex products and services built on or delivered via IT platforms: development and system integration agreements, licence and outsourcing contracts, cloud services, and maintenance and application development agreements.
This work encompasses the definition of service levels, the ownership regime for development outcomes and rights relating to customisations, the framework governing liability for malfunctions and interruptions, business continuity, and the terms for termination and the migration of data and systems at the end of the relationship. In regulated sectors, such as banking and insurance, our advice takes into account obligations regarding outsourcing and cyber risk management.
The Firm assists information society service providers — including search engines, e-commerce platforms and other online intermediaries — in defining their liability regime and in any resulting litigation, within the framework of Regulation (EU) 2022/2065 (Digital Services Act) and the relevant national implementing legislation. Our experience includes some of the first Italian precedents on the liability of search engines, as well as the case law that has developed regarding the position of new intermediaries, such as public DNS resolvers and content delivery network operators.