Best Technology Transactions Lawyers in Passage West

About Technology Transactions Law in Passage West, Ireland

Technology transactions cover how businesses and individuals buy, sell, license, integrate, and support technology and intellectual property. In Passage West and the wider Cork area, this often includes software-as-a-service agreements, software and data licensing, cloud and hosting contracts, professional services and outsourcing, development and maintenance agreements, reseller and distribution arrangements, and transfers or collaborations involving patents, copyrights, trade marks, and know-how. Because Ireland is a common law jurisdiction with strong ties to European Union law, Irish technology contracts blend practical commercial terms with detailed compliance rules on data protection, consumer rights, competition, and electronic commerce.

Local companies in and around Passage West often work with Irish and international partners. This creates a need for clear contracting on cross-border data transfers, IP ownership, compliance with EU and Irish regulation, and allocation of cyber risk. A well-structured agreement can reduce disputes, protect revenue, and satisfy regulators and customers alike.

Why You May Need a Lawyer

You may need a lawyer when negotiating or reviewing a software license or SaaS agreement. Key points include uptime and service levels, data processing and security, liability caps, indemnities, and termination rights.

You may need help to structure collaborations, joint development, or research projects with universities or suppliers. Clear ownership, background IP, foreground IP, and licensing terms are essential.

Legal support is important for data protection compliance. If personal data is processed, you will need a GDPR-compliant data processing agreement, lawful bases for processing, transfer safeguards, and incident response language.

Mergers, asset deals, and investments typically involve technology due diligence. Lawyers verify IP ownership, open source use, assignments from employees and contractors, and key customer and supplier contracts.

Public sector or regulated sector sales require tailored terms that align with procurement rules and sector regulations. Legal advice reduces disqualification risk and clarifies compliance duties.

Consumer-facing apps and digital services must comply with consumer law. A lawyer can align terms of use, disclosures, pricing, cancellation rights, and warranty language with Irish law.

If you face a contract dispute or alleged infringement, a lawyer can assess remedies, manage notices, and represent you before the Irish courts or in arbitration. For larger disputes, the Commercial Court division of the High Court may be available.

Local Laws Overview

Contracts and consumer rights. Irish contract law governs formation, interpretation, and remedies. The Consumer Rights Act 2022 sets mandatory rules for sales of goods, supply of services, and digital content and digital services. For consumers, certain rights cannot be excluded. For business-to-business deals, freedom of contract applies but unfair surprise terms can still be challenged.

Supply of services. The Sale of Goods and Supply of Services Act 1980 implies terms on due skill and care. Service providers should define scope, acceptance, service levels, and change control, and align these with implied duties.

Data protection. The EU GDPR and the Irish Data Protection Act 2018 apply to personal data. Controllers and processors must have a lawful basis, implement security measures, and use data processing agreements with required clauses. Report qualifying personal data breaches to the Data Protection Commission within 72 hours, and notify individuals if there is high risk. International transfers require an adequacy basis, standard contractual clauses, or participation in an approved framework. The UK adequacy decision and the EU-US transfer framework may change, so verify current status before contracting.

ePrivacy and cookies. The ePrivacy Regulations 2011 govern cookies and direct marketing. Most non-essential cookies require prior consent, with clear user information.

Intellectual property. Copyright is governed by the Copyright and Related Rights Act 2000. Software is protected as a literary work. Employers typically own works made by employees in the course of employment, but assignments from contractors should be in writing. Patents, trade marks, and designs are governed by Irish statutes and EU rules. Technology agreements should include clear IP ownership, licensing scope, and restrictions.

Electronic signatures. eIDAS and the Electronic Commerce Act 2000 recognize electronic signatures. Choose the appropriate signature type for risk level and counterparty expectations, and retain audit trails.

Open source software. Use of open source requires license compliance. Copyleft terms can affect distribution strategies and IP ownership. Keep a software bill of materials and compliance policy.

Competition law. The Competition Act 2002 and EU competition rules affect resale pricing, exclusivity, territorial restrictions, and most-favoured-customer clauses. Vertical agreements should be assessed under the vertical block exemption rules.

Public procurement. Selling to Irish public bodies requires compliance with EU and Irish procurement rules and the terms set in tender documents. Pay close attention to security, data, and IP positions set by contracting authorities.

Employment and contractors. Ensure employment contracts and consultancy agreements include IP assignment, moral rights waivers where appropriate, confidentiality, and restrictions on use of company materials. Outsourcing and insourcing can trigger transfer of undertakings rules that protect employees.

Tax and payments. Consider VAT on digital services, withholding tax on certain royalty flows, and R&D tax incentives. Price and tax clauses should match your supply chain and customer base.

Export controls and sanctions. Some technologies and encryption may be controlled under EU dual-use rules. Contract terms should allocate compliance responsibilities and permit termination if sanctions apply.

Dispute resolution. Irish law and jurisdiction clauses are common for domestic deals, with arbitration used for cross-border matters. The Commercial Court can fast-track high-value complex disputes. Include escalation steps, notices, and evidence requirements in your contracts.

Frequently Asked Questions

What is a technology transaction?

It is any agreement to develop, buy, sell, license, host, integrate, or support technology or related IP. Examples include SaaS subscriptions, software licenses, cloud and hosting, development and maintenance, reseller and distribution, and data sharing.

Do I need a written contract for a software deal?

Yes. A written agreement reduces ambiguity on scope, price, IP rights, data protection, service levels, security, liability, and termination. Many statutory rights and obligations also require written terms to be effective.

How do we handle personal data in a SaaS contract?

Identify the controller and processor roles, include a GDPR-compliant data processing agreement, set security standards, define subprocessor approval, incident notification, audit, and data return or deletion. Address international transfers with appropriate safeguards.

What liability caps are typical in Ireland?

Parties often cap liability to a multiple of fees paid or payable, with carve-outs for death or personal injury caused by negligence, fraud, willful misconduct, and sometimes IP infringement or data breaches. Consumer contracts have mandatory protections that cannot be excluded.

Who owns software created by a contractor?

By default, contractors own what they create. Use a written assignment to transfer ownership or grant an exclusive license. For employees, ownership typically vests in the employer for works created in the course of employment, but contracts should confirm this.

Can we use electronic signatures on our tech contracts?

Yes. Irish law recognizes electronic signatures. Use a signature method that matches the risk profile, and keep records that show who signed, when, and what was signed.

What should a service level agreement include?

It should cover uptime targets, maintenance windows, support tiers and response times, measurement methods, service credits, reporting, and exclusions such as customer-caused issues or force majeure.

How do consumer rights affect app terms of use?

Consumers benefit from mandatory rights under Irish law, including transparent pricing, 14-day cancellation for many distance contracts, clear repair or replacement remedies for digital content, and fair contract terms. Terms cannot override these protections.

Do we need a software escrow?

Escrow is common for mission-critical on-premise software. The developer deposits source code with a neutral agent, to be released to the customer on trigger events such as insolvency or support failure. SaaS escrow solutions exist but are less common and require careful design.

What happens if there is a data breach?

Assess the incident, contain it, and document facts. If it is a personal data breach, determine risk, notify the Data Protection Commission within 72 hours when required, and notify affected individuals if there is high risk. Follow any contract notice and cooperation clauses.

Additional Resources

Law Society of Ireland. The professional body for solicitors in Ireland. It offers guidance on finding qualified solicitors with technology and commercial expertise.

Data Protection Commission. The Irish supervisory authority for GDPR. It publishes guidance on controllers and processors, data transfers, breach notification, and cookies.

Intellectual Property Office of Ireland. Information on patents, trade marks, and designs, including filing routes and ownership.

Competition and Consumer Protection Commission. Guidance on competition law, consumer law, and unfair terms, relevant to pricing, promotions, and standard-form contracts.

Office of Government Procurement. Information on public procurement policies and model terms used by contracting authorities.

Local Enterprise Office South Cork. Supports startups and small businesses in the Cork County Council area, including mentoring and training on contracts and compliance.

Enterprise Ireland. Support for Irish companies scaling internationally, including advice on market entry and contractual readiness.

IDA Ireland. Support for foreign direct investment and international companies establishing or expanding in Ireland.

Revenue Commissioners. Guidance on VAT for digital services, withholding tax on royalties, and R&D tax incentives.

Central Bank of Ireland. Regulation and guidance for fintech, payments, e-money, and virtual asset service providers that may affect technology contracts.

National Cyber Security Centre. Guidance on cybersecurity practices and incident response that can inform contractual security obligations.

Next Steps

Clarify your goals and risks. List your products or services, data flows, IP assets, and regulatory touchpoints. Identify must-have terms such as service levels, security standards, liability caps, and exit rights. Gather existing contracts, policies, privacy notices, and any customer or supplier templates. Engage a solicitor experienced in technology transactions and data protection in Ireland, ideally familiar with the Cork market. Ask for a scoping call to align on deliverables, timelines, and budget. For urgent matters, prioritize high-risk clauses first, then refine the full agreement. Before signing, confirm the latest positions on international data transfers and any sector-specific rules. After signature, implement contract governance with playbooks, renewal calendars, and compliance checks. If a dispute arises, follow the notice and escalation clauses and seek early legal advice.