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EXECUTIVE COURSE IN TECHNOLOGY LAW FOR IN-HOUSE COUNSEL

 

This course is specially designed for in-house counsel taught by specialist instructors.  Through the different modules, it aims to equip in-house counsel with the necessary awareness and knowhow to navigate a spectrum of contemporary and pressing IT issues and contracts that arise in day-to-day work as business becomes increasingly digital. 

 

 

 

Part 1: Technology Law – What in-house Counsel Needs to Know – by a/prof Warren Chik
 

 

 

Module 1: Internet Content Regulation

Governments are changing the way it regulates online content even as it seeks greater convergence in its approach to online and offline methods of control. With the changes in the way information is communicated and the involvement of Internet intermediaries, the government is also seeking novel ways to deal with threats to social stability. In this module, participants can expect to learn about:

 

  • Content regulation generally
  • Internet content regulation
  • Laws against deliberate falsehoods and manipulation globally
  • Case study: Singapore’s Protection from Online Falsehoods and Manipulation Act

Part 1 Recording

Part 2 Recroding

Module 2: Law on E-Transactions and Commerce

 

With the development of mobile devices, software and applications as well as the speed of WiFi access and volume of transactions, e-commerce and e-governance has flourished. The age of social media created modern markets and technological innovations built an entire industry that undercut the more traditional B2C model. As we move towards online transactions and contracting, traditional are adapted, and new rules are formed, to facilitate them even as measures are put in place to ensure stability and security. In this module, participants can expect to learn about:

 

  • Development of rules for electronic legal transactions and commerce
  • Electronic signatures and electronic records
  • Law on Internet intermediaries
  • Case study: Singapore’s Electronic Transactions Act

Part 1 Recording

Part 2 Recording

Part 3 Recording

Module 3: Personal Data Protection 

Digital innovation and the development of new industries have one thing in common. They are largely driven by changes to the way we use and communicate information through technology and the way we interpret data in order to make it useful, more efficient and more effective for various objectives. Personal data is an especially important form of data that is critical to the data economy, while becoming of greater concern to the data subject. In this module, participants can expect to learn about:

 

  • Privacy and the global development of data protection principles
  • Data protection obligations for the control, care and security of personal information
  • Case study: Singapore’s Personal Data Protection Act 

Part 1 Recording

Part 2 Recording

 

Module 4: Commercial Messaging

Data protection law was originally conceptualised to deal more with privacy of information rather than privacy from information. However, the latter is increasingly important as we are inundated with unsolicited messages and calls, especially for marketing purposes. The 'right to be left alone' is more important today than ever before. In this module, participants can expect to learn about:

 

  • The rise and forms of electronic marketing
  • The responses to electronic marketing globally
  • Case study: Singapore’s Do Not Call Registry and Spam Control Act

Recording

 

 

Part 2: IT Trumps Everything – The Life Of In-House Counsel Coping With The Evolving Digital World – By Anthony Lim

Event 

Module 1: The Current Enterprise Technology Stack 

The modern enterprise IT stack is a complex interplay of organizational assets and external service providers. Understanding the main trends of how enterprise IT is deployed within an organization is the first step in understanding legal risk associated with enterprise IT. This module seeks to provide a basic layout and explanation of such risks. In this module, participants can expect to learn about:

  1. Why cloud is eating the stack

  2. Software, and open source

  3. “Bring your own device” – and the risks it entails

  4. The infinite data stream, where it begins and ends (Hint: It doesn’t.)

Part 1 Recording

Part 2 Recording

Part 3 Recording

Module 2: IT Outsourcing 

 

IT is a common function that is outsourced to achieve operational efficiencies. However, outsourcing creates a situation where responsibility remains with the organization but the ability to control the IT stack may be diffuse. This module seeks to explain common outsourcing arrangements and potential issues arising out of these arrangements. In this module, participants can expect to learn about:

  1. The subcontracting arrangement

  2. Data “Agents” – Intermediaries, Processors, Outsourcing Arrangements

  3. Controls and Risks – what to reasonably expect

Video Recording

Module 3: Cold War 2.0 Data Sovereignty 

If data is the new oil, the world’s strategic interests will inevitably be aligned behind the regulation of it. In the context of increasing Cold War-esque tensions, learn about the increasing global reach of data obligations and how it impacts your IT setup. In this module, participants can expect to learn about:

  1. Trade regulations and what it means to be disconnected.

  2. Internationalization of data obligations

  3. Localization of data centers – the new data “land grab”.

Video Recording

Module 4: HR Issues “Problem Exists Between Keyboard and Chair” 

The oft-forgotten element of IT are the individual people that run the IT. As such, IT issues are often human issues. Yet, this element is rarely broached or discussed in the context of IT. Learn about specific issues regarding employees and subcontractors with respect to IT. In this module, participants can expect to learn about:

 

  1. The most important element of IT – the employee

  2. The IT role-person paradox – how to split the difference between a role and a person

  3. What to do when your key IT employee leaves (or was never yours in the first place)

 

Video Recording

Module 5: Role of In-house Counsel in Cybersecurity

Cybersecurity is new front of defense. Like all defense fronts, a team effort is required. Learn about Legal’s role in this larger picture, and the legal obligations arising out of cybersecurity. In this module, participants can expect to learn about:

 

  1. Cybersecurity is a team sport
    1. Breach Notification – the fine art of reporting what you don’t know

 

Video Recording

 

Part 3: How To Best Negotiate Your IT Spend Contracts – By Anthony Lim

 

Event 

Module 1: Mapping Your Organisation’s IT Spend 

9.45 am-11.00 am

 

This is an overview about what your organization spends its IT budget on. Understanding the road map of what constitutes IT is the first step of understanding how best to negotiate ideal outcomes. This is a revisit of Part 2, but in the context of IT spend. In this module, participants can expect to learn about:

  1. IT = Data + Hardware + Software + Manpower + Outcomes

  2. A look back at what a current enterprise technology stack looks like.

  3. “Hardware isn’t Hardware, Software isn’t Software, Cloud is Everything and Nothing”.

Recording

Module 2: Commercial Aspects of Data 

It is not unusual in the modern context to obtain data from a third-party source. This module covers the commercial aspects of data acquisition – how it is obtained, what can it be used for, and the regulatory obligations attached to the data. We will also explore some common contractual clauses in this regard. In this module, participants can expect to learn about:

  1. Data Acquisition – buy, rent, scrape, license, or part of a “wrapper”

  2. Use Limitations

  3. Consents and regulatory compliance, especially relating to PII

Recording

Module 3: Hardware

 

The only “physical” part of IT and the portion most familiar. Hardware is the skeleton of the IT spend. Learn about the most current trends and contractual language surrounding the acquisition of IT hardware. In this module, participants can expect to learn about:

 

  1. Buy or Hire?

  2. Sale of Goods Act, Warranties and Remedies – what are you warranting against?

  3. Delivery and Installation

  4. Maintenance of Hardware – Sales of Goods vs Contract Warranties

  5. UAT – See Outcomes

 

Recording

 

Module 4: Software Licensing

 

This module covers the licensing of software. There are varied ways in which software can be licensed. This module will cover some of the most common clauses and issues around software licensing. In this module, participants can expect to learn about:

 

  1. Licensing Models

                                                               i.      Subscription versus Perpetual

                                                             ii.      Irrevocable versus Revocable

                                                           iii.      Licensing Metrics – User, Core, Instance, Token

                                                           iv.      Open Source versus Proprietary

  1. Licensing Restrictions

                                                               i.      Entity versus Enterprise

                                                             ii.      Commercial versus Non-Commercial

                                                           iii.      Derivative Works

  1. Warranties versus Fault Rectification – See Services

    1. IP Indemnities – especially Open Source

    2. The Forbidden Code – Virus, Malware, Timebombs

    3. Escrow Arrangements

    4. Limitations of Liability, Data Loss and other Heads of Damages

    5. Support Services

                                                               i.      SLA’s for fault rectification

                                                             ii.      Entitlement to Updates, Patches

                                                           iii.      Obligation to Upgrade to Latest Version

                                                            iv.      End-of-Life decommissioning

 

Part 1 Recording

Part 2 Recording

Part 3 Recording

Part 4 Recording

Part 5 Recording

Part 6 Recording

 

Module 5:  Services

This module covers two sub-components.

Firstly, we will discuss services in the context of a traditional IT stack, where it is purchased as “skill and labor” for a deliverable or outcome. 

Secondly, we will discuss clauses surrounding the increasing prevalence of “X-as-a-service”. 

The module will also discuss common clauses in respect of these. In this module, participants can expect to learn about:

 

  1. Outsourcing Arrangements and Processor/Intermediary Liability

                                                               i.      Subcontractors in Particular

                                                              ii.     Breach Notification

  1. Step-In, Transition-Out, Make-good

    1. Cloud Services (which could be Hybrid – See Software)

                                                               i.      Uptime and SLA

                                                             ii.      Account Responsibility

                                                           iii.      Content and Transmission Liability

                                                           iv.      Data Portability

  1. Consulting Services

                                                               i.      The Statement of Work/Task Order

                                                              ii.      Ownership of IPR

                                                            iii.      Service Warranties – skill, outcome, standards

                                                            iv.      The Lock-In Problem, Documentation solution

 

Part 1 Recording

Part 2 Recording

Part 3 Recording

Part 4 Recording

Part 5 Recording

Part 6 Recording

Module 6: Outcomes

The reason why organizations pay for IT is to achieve specific outcomes. This module discusses some of the ways contractual clauses can incentivize the achievement for certain outcomes. This module will also cover pre-litigation disputes in the context of audit clauses common in IT contracts. In this module, participants can expect to learn about:

  1. Systems Integration Risk (responsibility for the “stack”) vs Component Risk

  2. Project Management: User Acceptance Testing, Liquidated Damages, Payment Milestones

  3. Financial Viability: Performance Guarantees/Insurance

  4. Third Party Certification / Reference to External Standards

  5. Audit Clauses 

  6. Dispute Resolution.

 

Part 1 Recording

Part 2 Recording

 

Module 7: Bonus!

A necessity of dealing with the modern IT stack is the complex interplay between multiple vendors and internal stakeholders. This module provides some practical tips for navigating through this interplay. In this module, participants can expect to learn about:

  1. Dramatis Personae – your IT providers, who they are, what they would generally be responsible for

  2. Practical Tips for Sanity when managing IT legal needs in an organisation

 

Recording

 

 


 

 

 

Masterclass: Employer-Employee Disputes, Global Approaches to Employee Misconduct, and Effective Conflict of Interest Policies.

Jun 29, 2024 09:00 AM

Legal Eagle Challenge - Masterclass 2024  |  Online masterclass under SCCA Legal Eagle Challenge 2024 - featuring top legal experts discussing employer-employee disputes, global approaches to employee misconduct, and effective conflict of interest policies. 

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Legal Landscapes: Singapore vs Australia 

Jul 29, 2024  |  18:30 - 19:30 GMT+8

This event is organised by SCCA Student Chapter and Australia Singapore Law Students Society.  |  As a Singaporean law student studying in Australia, deciding whether to return to Singapore to practice or to stay and work in Australia can be a tough choice. There will be a panel discussion featuring three dynamic speakers—a seasoned lawyer, an experienced in-house counsel, and a fresh law school graduate—each with unique experiences working in both Singapore and Australia. 

View Recording

 


 

 

LPA - only for old and sick people?

Sep 29, 2023 (12:00 - 14:00 / GMT+8)

There is a common misconception that the Lasting Power of Attorney (LPA) should only be made by the old and sick people Loss of mental capacity can happen to anyone at any age or time. Think accidents and strokes. It is too late to make an LPA when the need arises.

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Code of Ethics and Standards of Professional Conduct for the In-House Counsel

This Code is intended to be the general guide for In-House Counsel on the ethical and professional standards expected from the In-House Counsel community as a whole, so that it may be of help in all industries and whatever jurisdictions within which In-House Counsel may operate.

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Industry Insights: Startups

Organised by the SCCA Student Chapter | Recorded on Mar 24, 2022

Curious about working as an in-house counsel for a start-up or founding your own? This webinar features legal professionals who have navigated both paths, sharing their experiences and challenges in the start-up world.

Featuring:
Ashwin (Senior Legal Counsel in TMT Law), Ezra (General Counsel at Tazapay), Samson Leo (Co-founder & Chief Legal Officer at Fazz Financial Group)

 

View Recording

 

 


 

 

SLEC 2023 Masterclass: Crisis Management & Cybersecurity

 

Recorded on Jul 8, 2023 | Duration: 2 hours

Gain critical insights into managing crises and mitigating cybersecurity risks in this expert-led masterclass. Learn how to handle media during crises, strategies for addressing cyber extortion, and the role of in-house counsel in safeguarding cybersecurity.

Featuring:
Rakesh Kirpalani (Drew & Napier), Illka Gobius (Pinpoint PR), Benjamin Ang (RSIS), Raju Chellam (ITSC), Damien Lee (CSA), Samson Leo (Fazz & Xfers)

 

View Recording

 

 

 


 

 

In-house Legal Departments: Trends and Priorities Shaping 2023

 

Asia Legal Insights Webinar | Recorded on Mar 2, 2023

Gain insights on regulatory changes, legal leadership, and key priorities for 2023, including managing workloads, external counsel, and data privacy.

View Recording

 

 


 

 

In-house Insights: from UK to Singapore

 

Jointly organised by the SCCA Student Chapter and UK Singapore Law Students' Society
Recorded on Feb 18, 2023 | Duration: 1 hour

Hear from legal professionals who studied in the UK and transitioned into in-house counsel roles in Singapore. This webinar covers career journeys, qualifications needed, and insights on becoming an in-house counsel in Singapore.

Featuring:
Nikhita Nair (UCL), Andrew Foo (Stripe), Elvina Leong (IPOS), Ng Shi Jye (BlackRock)

 

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