On 10 September 2022, the new Arbit (General Government Conditions of IT Procurement) terms and conditions came into force. These Arbit 2022 replace the earlier version from 2018. These terms and conditions are used by the central government, such as ministries, independent administrative bodies and regulators as well as other public authorities for the procurement
contracting
Recap seminar ‘duty of care and IT supplier’
On Thursday 14 July 2022, Tom de Wit and Esmée Fonville held a seminar in Eindhoven on the ‘duty of care of the IT supplier‘. The attendees all come into contact with (large) IT projects in practice, as customer, supplier or consultant. It is important for them to know what can be expected from an
Seminar “Duty of Care and IT Supplier”
In conflicts between IT suppliers and their customers, we increasingly notice that the special duty of care of the supplier is invoked. What is the impact of the duty of care on the interpretation of the agreement between parties? Does it bring unpredictable obligations for ICT suppliers? Is it a legitimate fallback option for inexperienced
legal cloudsourcing strategy
Our 10 key lessons learned contracting model – customers may contract with a cloud service provider directly or indirectly via a cloud reseller / integrator, although in practice it is not always very clear which parties are contracting with each other for which type of services (cloud-, maintenance / support – or professional services) and
annual update IT & IT outsourcing
In her State of the Union, the President of the European Commission called for additional efforts to shape the digital transformation, because “digital technology makes the difference between success and failure”. A related theme in the policy of the European Commission remains cyber security, which is reflected in the many initiatives in this area. In
look before you leap: avoid (too) strong dependence on your ICT supplier
Healthcare processes are rapidly digitising and the Corona pandemic has only accelerated this process. The use of ICT to support or improve care is now a must. Because ICT has become so important for the delivery of care, healthcare institutions have become increasingly dependent on their ICT suppliers. That dependence has also increased because healthcare
guidelines for outsourcing to providers of existing and new cloud services
From 1 January 2021, insurance and reinsurance undertakings (‘Undertakings’) are subject to Guidelines for outsourcing to cloud service providers (‘Providers’). The Guidelines have been issued by EIOPA (‘Guidelines’). EIOPA is the European Supervisory Authority for Occupational Pensions and Insurance, an independent body that advises the European Commission, the European Parliament and the Council of Europe.
software as security in bankruptcy
How specific must software be described in a deed of pledge in order to be able to offer a creditor security in the event of bankruptcy? This question was at stake in the judgement of the Dutch Supreme Court in the ING/Schepel-case of 3 April 2020 (ECLI:NL:HR:2020:590). Case facts CompLions is a software company. ING
can you change or terminate an agreement with a supplier due to (the measures related to) COVID-19?
Many organisations are struggling with declining demand for their products or services because of (the measures against) the Corona virus. As a result, services and products from suppliers may become worthless. For example, because many organisations are closed down, projects are temporarily halted. Recruitment agreements for the recruitment of personnel, for example, becomes worthless as
corona virus and force majeure in commercial contracts and licenses
The Corona virus (COVID-19) is undoubtedly a circumstance that suppliers and customers have not been able to influence. But does Corona justify invoking ‘force majeure’? A few examples There are, of course, many different situations imaginable in which one of the contracting partners gets into trouble with the fulfilment of its contractual obligations. For example,
