Information law. The procedure for the development and implementation of information systems, technologies and support tools (the most important)

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Information law. The procedure for the development and implementation of information systems, technologies and support tools (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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53. ORDER OF DEVELOPMENT AND IMPLEMENTATION OF INFORMATION SYSTEMS, TECHNOLOGIES AND MAINTENANCE

Relationships arising during the development and implementation of information systems, technologies and means of supporting them, are regulated by the norms of the Civil Code of the Russian Federation (Chapter 38 “Performing research, development and technological work”). Work related to the creation and commissioning of automated information systems, technologies and means of supporting them, including carrying out research work, design work for the creation of such objects, is carried out under the terms of a contract for the performance of scientific research work, development work and technological work (Article 769 of the Civil Code).

Under the contract for the performance of scientific research work, the contractor undertakes to conduct scientific research stipulated by the customer's terms of reference, and under the contract for the performance of experimental design and technological work - to develop a sample of a new product, design documentation for it or a new technology, and the customer undertakes to accept the work and pay her.

The contractor is obliged to conduct scientific research personally. He has the right to involve third parties in the execution of the contract for the performance of scientific research work only with the consent of the customer.

When performing experimental design or technological work, the contractor has the right, unless otherwise provided by the contract, to involve third parties in its execution. The rules on the general contractor and subcontractor apply to the contractor's relations with third parties.

The parties are obliged to ensure the confidentiality of information relating to the subject of the contract, the progress of its execution and the results obtained. The volume of information recognized as confidential is determined in the contract.

Each of the parties undertakes to publish information received during the performance of work, recognized as confidential, only with the consent of the other party.

The parties in contracts for the performance of research, development and technological work have the right to use the results of work, including those capable of legal protection, within the limits and on the terms provided for by the contract.

Executor in contracts for the performance of research, development and technological work must:

▪ perform work in accordance with the technical specifications agreed with the customer and transfer the results to the customer within the period stipulated by the contract;

▪ agree with the customer on the need to use protected results of intellectual activity owned by third parties and acquire rights to use them;

▪ on his own and at his own expense, eliminate deficiencies in the work performed due to his fault, which may lead to deviations from the technical and economic parameters provided for in the technical specifications or in the contract;

▪ immediately inform the customer about the detected inability to obtain the expected results or about the inappropriateness of continuing the work;

▪ guarantee to the customer the transfer of results obtained under the contract that do not violate the exclusive rights of other persons.

Customer in contracts for the performance of scientific research, development and technological work is obliged to:

▪ transmit to the contractor the information necessary to complete the work;

▪ accept the results of the work performed and pay for them.

Author: Yakubenko N.O.

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