| Tittel: | Shifting responsibility in IT agreements: From client-centric compliance to provider accountability | | Ansvar: | Jaakko Lindgren og Sohrab Känkäinen | | Forfatter: | Lindgren, Jaakko  / Känkänen, Sohrab | | Materialtype: | Artikkel - elektronisk | | Signatur: | Lov&Data | | Utgitt: | Oslo : Lovdata, 2025 | | Omfang: | S. 18-19 | | Serie: | Lov&Data ; 1/2025 | | Emneord: | IT-kontrakter | | Note: | Artikkelen ligger også på Lovdatas åpne sider. | | Innhold: | In the early days of IT agreements, the responsibility for a system’s legal compliance often rested on the client. This allocation was driven by two key factors: intellectual property rights (IPR) ownership and market practices of the time. Frequently, clients either owned or sought significant control over the IPR of the systems they commissioned. This ownership inherently made them responsible for ensuring the system’s compliance with applicable laws and regulations.
Additionally, prevailing market norms placed more emphasis on clients managing their compliance. IT providers were primarily focused on delivering functionality and technical capabilities, while clients, with their specific industry knowledge, were expected to navigate the legal and regulatory landscape. For instance, a bank implementing a financial system would bear the responsibility for ensuring it adhered to financial regulations, as the system was tailored to their operational needs.
It can be argued that for a long time, the work of IT providers was akin to craftsmanship, where each client received a slightly customized solution. While IT providers were perceived as “industrial” companies, in terms of contracts, their work was more akin to “handicraft.” | | Del av verk: | Lov&Data 1/2025 |
|
|