Contract Management and IT & Technology Law Agreements
For businesses operating in software, mobile and web applications, cloud services and digital content, effective contract management is the foundation of legal certainty. Drawing on IT and technology law expertise, agreements are structured and drafted for every type of information technology service and for both B2B and B2C relationships; the legal documents that mobile and web applications require, such as user agreements, terms of service, investor agreements and privacy policies, are prepared and managed end to end across technology transactions of all sizes.
This support is available to developers and companies looking to have a software development agreement drafted, startups that need a mobile application development agreement, businesses putting in place a SaaS or cloud licensing and service agreement, enterprises negotiating a master service agreement (MSA) or subscription agreement, companies that require a user agreement, terms and conditions and a GDPR-compliant privacy notice for their app, and content creators seeking an influencer collaboration agreement for brand partnerships. Each agreement is drafted specifically around the technical requirements of the project, the allocation of the parties’ rights and obligations, and applicable intellectual property and data protection law. The decisive terms in software and technology contracts include who owns the software’s intellectual property, IP assignment and rights transfer, the delivery and escrow of source code, limitation of liability, indemnification, termination conditions, data portability, and confidentiality and non-compete provisions.
Technology Agreements Requiring Technical Knowledge
Contracts in IT and technology law demand fluency in technical concepts alongside compliance with the applicable legal framework, which in the cross-border and international context typically spans the Turkish Code of Obligations, the Turkish Commercial Code, intellectual property legislation, and data protection regimes such as Türkiye’s KVKK, the EU GDPR and the California CCPA. The agreements most frequently required include software development and software services agreements, software license and end user license agreements (EULA), technology licensing and IP assignment agreements, cloud computing, SaaS and Platform-as-a-Service (PaaS) service agreements, master service agreements (MSA) and subscription agreements, service level agreements (SLA), source code delivery and escrow agreements, reseller and white-label agreements, non-disclosure and confidentiality agreements (NDA), data processing and data management agreements (DPA), penetration testing and cybersecurity services agreements covering black box, gray box and white box testing, application user agreements, terms of service and terms and conditions, SEO and digital marketing services agreements, YouTube content and work-for-hire agreements, Instagram advertising and sponsored content services agreements, influencer and brand collaboration agreements, NFT and digital work agreements, and data privacy and security agreements compliant with KVKK and GDPR.
Key Issues in Software and Technology Agreements
The most common sources of dispute in software development and technology projects are who owns the rights to the software once the project is delivered, whether the source code will be transferred through an escrow arrangement, the scope of maintenance and support, and how data security and data breach responsibilities are allocated. Because SaaS and cloud service agreements are usually structured in favor of the service provider, the counterparty’s intellectual property, limitation of liability, indemnification, termination and data portability terms warrant careful drafting and negotiation. Service level agreements covering uptime, support and remedies should be calibrated to the product’s actual operational risks rather than copied from a template. Where personal data is transferred, the roles of data controller and data processor, along with cross-border data transfer and breach-notification obligations, must be clearly defined in line with KVKK and GDPR requirements.
What to Watch for in Digital Content and Influencer Agreements
Agreements for content creators, YouTubers and influencer collaborations carry both service and work-for-hire characteristics and sit at the intersection of several bodies of law, including contract, commercial, copyright, consumer protection and advertising regulation. These contracts govern who owns the copyright in the content such as photos, video and text, usage and licensing rights, the scope and delivery terms, payment, exclusivity and non-compete conditions, and compliance with advertising-disclosure and sponsored-content labeling obligations. Where follower and customer data are processed for targeted advertising or engagement analysis, GDPR and KVKK compliance becomes a shared obligation for both the brand and the content creator.