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Digital transformation will be a necessity for the emerging IT market in the coming years. The number of services and programs that will be provided through a cloud connection and download will increase.
Such programs for creating “smart cities”, “state information systems”, methods of “predictive analytics, preventive regulation” for mobile applications, personalization of services through the exchange of personal information between social networks and applications, as well as the need to ensure the safety of users' personal data,
will push business entities to actively support the work of the necessary services through professional industry outsourcing.
In order to effectively regulate IT outsourcing services between the customer and the contractor, taking into account the global practice of regional investment of monopolist replicants, it is necessary to create a solid base between various business entities in order to protect the interests of the entities themselves to provide services and protect the interests of the state economy.
So, the main issues of regulating the sphere of IT services are:
Contractual Obligations
Protection of trade secrets, business models, personal information is necessary when establishing an environment for non-distribution of business information, as part of the implementation of services to order of an external person. Contractual obligations divide the contracts into the following subspecies:
Subspecies
- CA - Сonfidentiality agreement - agreement on recognition of confidential information and distribution of rights and obligations;
- NDA - Non-disclosure Agreement — mutual non-proliferation treaty;
- CDA - Сonfidential disclosure agreement - Agreement on what information can be provided to third parties and in which case;
- PIA - Proprietary information agreement - The agreement recognizing the rights to confidential information only for one party, and the obligation of confidentiality is for the second party;
- NCA - Non-compete agreement - a ban on competition of a similar product in the same market and in the same period;
- PPNCA — Purchase Phase Non-compete agreement — the refusal of employees and partners (suppliers) to compete with a similar product in the same market during the sale of the Company or during the transformation period (up to six months).
PROTECTION OF INTELLECTUAL PROPERTY RIGHTS
Depending on the completeness of the volume, as well as the type of the IPR object, it is possible to divide the Contracts into the following types:
Types:
- Exclusion right agreement - an agreement under which the author or other copyright holder transfers to the other person (acquirer) the exclusive right to use the copyright object in full;
- Non-exclusive license agreement: granting the right to the licensee while retaining the right of the licensor to issue licenses to other persons;
- Exclusive license agreement: granting the right to the licensee without preserving the licensor the right to issue licenses to other persons;
- Author contracts - a legal contract between the publisher and the writer or author (or several) for the publication of the original content by the author or authors;
- Live Data protection Contract - Collection, use and misuse of information that identifies living people and refers to them in exclusive legal status by analogy with IP rights;
- Domain name contracts — legal regulation of domain name ownership, transfer, and sharing.
- Affiliate contracts establish an IPR relationship between a website operator that posts links and IP objects on its website to an e-commerce website and receives sales commissions from this e-commerce website resulting from the consumption of services or goods from orders from visitors who found an e-commerce website from links placed in this way;
PROTECTION OF INVESTMENTS AND INTERESTS OF EACH OF THE PARTIES
In the course of additional cash contributions to the development of the company providing IT services, the contracts can be divided into
