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.
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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