Technology and Sourcing
Our Technology and Sourcing practice has 20 years’ specialist experience in the field. We also have the largest Information and Communications Technology (ICT) and Outsourcing practice in South Africa. Client testimonials and top tier rankings in Chambers Global and other legal profession directories recognise our Technology and Sourcing practice as a market leader.
Our Technology and Sourcing lawyers offer specialist advice to a number of high profile local and international technology and communications companies, financial institutions, multinational media and entertainment groups, internet service providers and e-business enterprises. We also advise the public sector, government at all levels, state-owned entities and regulatory authorities.
We offer wide-ranging specialist advice in:
ICT and Outsourcing - including ICT infrastructure; services integration and aggregation; help desk and desktop support; contract management; off-shoring; procurement; business processing; business continuity services; software licensing, distribution, integration and development; turnkey solutions; e-commerce; software and technology intellectual property issues; and information security; and black economic empowerment, employment, tax, administrative, competition law implications of outsourcing.
Telecommunications - including the procurement, deployment and supply of infrastructure and telecommunication services; the full range of service agreements; network and service operations solutions; regulatory compliance; and making oral and written representations to the regulator, minister and Parliament.
Media - including negotiating and drafting media agreements (from film options, sponsorship production, airtime, broadcasting , director and production team agreements to chain of title documents and music rights procurement); film financing; music rights; advertising; sponsorship and promotion; publishing; and media dispute resolution.
- We are appointed by Nedbank Limited on a long term retainer arrangement (which continues to remain in place) assisting the bank with the drafting and negotiation of all its technology sourcing agreements and related electronic communications and telecommunications advice, including advising on major transactions relating to various software upgrade programmes and its ERP software roll-out and Oracle software arrangements.
- Assisting Ndalo Luxury Ventures (Proprietary) Limited with the drafting and negotiation of its public relations and supplier agreements.
- Advising clients on the interpretation of specific terms of a telecommunications outsourcing agreement relating to LAN and WAN services. Our opinion was instrumental in achieving a favourable multi-million rand settlement for client.
- Assisting clients with the vetting and negotiation of agreements relating to the licensing, implementation and ongoing services in respect of an ERP solution.
- Advised clients in respect the termination of their current IT outsourcing service arrangement and agreements relating to the transition to and conclusion of their new IT outsourcing service arrangements.
- Advised a client in respect of its tender requirements and proposed agreement relating to its IT outsourcing service arrangement. This matter involved the outsource of the client's functions (including desktop, server and network services) and will involve evaluation and analysis of bidder responses during the bid process and ongoing detailed negotiations post award of the tender to the successful bidder.
- Advised a client on a project concerning an end to end outsource (with operations across multiple countries in Africa and Europe) of all of its ICT requirements on the basis of an ICT service that is fully commoditised, fully flexible, full utility type model, fully scalable, provided when required, to the extent required and at the service level required at individual business unit level. We advised on and handling all aspects of, the contractual structuring, drafting, negotiation and finalisation of the end to end outsource agreement. This involved a complex agreement for an end-to-end IT outsource arrangement with features that are "first of their kind" in South Africa.
- Assisted clients with various online and mobile banking services agreements.
- Chambers Global 2009-2016 ranks our practice in Band 1: IT & Telecommunications.