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Commercial law

Software development legal checklist

This page gives a simple overview of the ‘waterfall’ software development process and highlights some key legal and commercial issues that should be included in a properly drafted Software Development Agreement. Not addressing these properly from the outset can have serious consequences both legally and commercially.

Irfan Baluch

Partner
Commercial

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Identify the business need

Evaluate:

  • Existing infrastructure
  • Interfacing with other systems
  • Mission critical/real time systems
  • End-user requirements
  • Desired functionality
  • Performance criteria
  • Regulatory/audit criteria
  • Consider proposed revenue model if appropriate
  • Development language and tools
  • Interfacing with other applications
  • Future proofing
  • Performance
  • Scalability
  • Security
  • Functional operation
  • Maintainability
  • User interface (Beware of scope creep)
  • Technical specification
  • System/program architecture
  • Well documented code
  • Version control
  • Quality assurance
  • Error reporting
  • User interface
  • Functionality
  • Destructive testing
  • Review output and reporting

You may have to go back to stage 4 once developer testing has been done.

  • Has the functional specification been achieved?
  • Benchmark the performance
  • What happens when you Go Live?
  • Training
  • Transition
  • Data migration
  • User documentation
  • Configuration documentation
  • Refining the software
  • Support and maintenance agreements
  • Service levels
  • Identify future development to meet evolving business needs

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