Practice area

Technology, Media & Telecommunications / IT Contracts

Define the intended work in Technology, Media & Telecommunications / IT Contracts, confirm the applicable requirements and select a task to plan the necessary review.

Key facts

Tasks covered
24
Tasks with a step-by-step checklist
6
Local differences
3 jurisdictions where this area changes

Jurisdiction

Tasks

GreenLawyer reviewYellowClose supervisionRedLawyer-led

Tasks in Technology, Media & Telecommunications / IT Contracts
TaskHow AI is usedHuman involvementWhat the lawyer must review
Review a vendor contract against the technology playbookStart this taskSee suggested levelsCompare the vendor MSA, SaaS terms or click-wrap to the client's playbook and produce a clause-level issues list with missing liability, IP, data and exit protections.YellowClose supervision
  • Open every flagged clause in the actual document
  • Check unflagged schedules for interaction effects before the issues list goes to the client
Draft a data-processing, IP, SLA or exit schedule from the playbookStart this taskSee suggested levelsProduce a first-draft schedule from the playbook and deal facts, listing definitions, service levels, change control and transition terms that need commercial input.YellowClose supervision
  • Read each schedule against the main agreement
  • Confirm privacy, IP ownership and liability work together under the governing law
Build a one-sided terms table under the ACL or the ASIC ActChecklistStart this taskSee suggested levelsFlag termination, variation, liability, auto-renewal and unilateral-change terms that may fail the three-limb unfair-terms test; cite clauses and draft issues.YellowClose supervision
  • Confirm the contract is standard form
  • Confirm small business: under 100 staff or under AU$10M turnover; no value cap since Nov 2023
  • Check penalty: greatest of AU$50M, 3× benefit or 30% of adjusted turnover
  • Check cases on AustLII
  • Apply the ASIC Act, not the ACL, to financial services
Map data locations and cross-border flows from the vendor DPAStart this taskSee suggested levelsExtract stated data residency, subprocessors and transfer mechanisms from the DPA and architecture paper into a flow table with gaps marked.YellowClose supervision
  • Confirm locations against the vendor's current DPA, not a marketing page
  • Apply the transfer rules of the governing privacy law
Build an open-source and contractor-IP issues table for a technology dealStart this taskSee suggested levelsFrom the target contracts and licence notices, list ownership gaps, contractor-created IP and copyleft or attribution conditions with document references.YellowClose supervision
  • Read the licence family in the actual notice
  • Check GPL version differences and inbound assignment gaps; both are easy to mis-state
Draft security and incident clauses against the SOCI Act, Privacy Act and CPS 230ChecklistStart this taskSee suggested levelsProduce a security schedule (standards, audit, notice timelines, incident cooperation) with gaps against the SOCI Act, Privacy Act, APRA CPS 230 and ASX Listing Rule 3.1.YellowClose supervision
  • Apply the Privacy Act notice duties
  • Confirm SOCI duties for the sector and asset class (CIRMP Rules exposure draft, March 2026)
  • Apply APRA CPS 230 from 1 July 2025 and CPS 234
  • Check contract windows against statutory ones
  • Cite ISO/IEC 27001:2022 and the current Essential Eight
Draft a software escrow agreement from the release triggersStart this taskSee suggested levelsProduce a first-draft escrow agreement covering deposit materials, verification, release triggers and licensed-materials definition.YellowClose supervision
  • Check insolvency and administration triggers under the governing insolvency law
  • Confirm what is actually deposited
Draft an outsourcing or managed-services structure from the term sheetStart this taskSee suggested levelsProduce a first-draft structure for SLAs, governance, benchmarking, step-in, change control and exit from the term sheet.YellowClose supervision
  • Confirm the structure matches the services actually being moved
  • Apply any operational-resilience rules that apply to the client
Build a technology-dispute chronology from the correspondenceStart this taskSee suggested levelsTurn the contract and the correspondence file into a chronology of alleged breaches, notices and responses, with a list of missing documents.YellowClose supervision
  • Check dates against the file
  • Decide limitation, notice and breach from the contract and current law, not chronology labels
Map carrier, numbering or consumer-safeguard duties under the Telecommunications Act 1997ChecklistStart this taskSee suggested levelsTabulate the client's licence class, carrier licence conditions, standard access obligations and the NBN instruments the lawyer has listed, with gaps marked.RedLawyer-led
  • Re-derive every duty from primary sources
  • Apply the SOCI Act to telco security from 4 April 2025 (Enhanced Response and Prevention Act 2024)
  • Check the Enhancing Consumer Safeguards Bill 2025 on aph.gov.au
  • Check the Telecommunications and Other Legislation Amendment Bill 2025/26 on aph.gov.au
  • Verify ACMA instruments, ACCC access determinations and the NBN SAU on the Federal Register
Draft AI-use, training-data and output-warranty clauses for a vendor contractStart this taskSee suggested levelsProduce first-draft clauses on permitted AI use, training on client data, output warranties, audit and indemnities, mapped to the vendor's technical description.YellowClose supervision
  • Match the clauses to the architecture the vendor actually uses
  • Do not use a generic 'no training' clause the product cannot honour; it is worse than none
Review a Consumer Data Right participation agreement and API termsChecklistStart this taskSee suggested levelsLine up data-holder, accredited-recipient and API obligations in the agreement against the CDR Rules and OAIC CDR Privacy Safeguards the lawyer has named, marking gaps.YellowClose supervision
  • Check the CDR Rules and Data Standards (e.g. FAPI 1.0 Advanced) on consumerdatastandards.au
  • Check the CDR Register
  • Do not treat outsourcing as shifting the data holder's duties (Privacy Safeguard 11)
  • Note the OAIC's Regional Australia Bank determination (May 2025)
  • Check Treasury's timeline for non-bank lenders
  • Confirm Privacy Safeguard 12 deletion duties
Extract platform, app-store or marketplace terms against the ACCC digital-platform inquiryChecklistStart this taskSee suggested levelsTabulate ranking, fee, termination, data and moderation terms with clause references, and gaps against the ACCC Digital Platform Services Inquiry recommendations named.RedLawyer-led
  • Check the proposed digital competition regime's status with Treasury and on aph.gov.au
  • Get specialist input; the ACCC's 33 recommendations span competition, consumer, media, privacy
  • Check the ACCC enforcement register for unfair-terms action
Extract uptime, credits and support response times from the SLA scheduleStart this taskSee suggested levelsTurn the SLA schedule into a table of metrics, measurement windows, exclusions and service credits with clause references.GreenLawyer review
  • Check the exclusions and the credit formula against the schedule
  • Do not rely on a 99.9% headline if the vendor controls measurement
Draft a statement of work from the proposal and the MSAStart this taskSee suggested levelsProduce a first-draft SOW covering deliverables, acceptance, dependencies and charges from the proposal, aligned to the MSA definitions.YellowClose supervision
  • Confirm the SOW does not silently vary liability, IP or data terms in the MSA
  • Check that acceptance criteria are testable
Compare the signed technology contract with the last agreed issues listStart this taskSee suggested levelsCompare the signing copy with the issues list and the last negotiated draft; flag unimplemented changes and unexpected edits.GreenLawyer review
  • Read every flagged difference
  • Check cross-references in SLA and DPA schedules; broken ones are easy to miss
Review a SaaS agreement for AI-specific clausesStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: No area-specific AU source found; general AI-use guidance applied to this area.Flag training-use, output and liability terms.YellowClose supervisionLawyer reviews.
Draft an AI addendum to a technology contractStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: No area-specific AU source found; general AI-use guidance applied to this area.Draft clauses on data, testing and transparency.YellowClose supervisionLawyer settles.
Map a vendor's data flows for privacy impactStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: No area-specific AU source found; general AI-use guidance applied to this area.Build a data-flow table from documents.GreenLawyer reviewLawyer checks.
Prepare an incident-response checklist for an AI systemStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: No area-specific AU source found; general AI-use guidance applied to this area.Draft checklist steps.GreenLawyer reviewLawyer approves.
Summarise telecommunications regulatory duties for a productStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: No area-specific AU source found; general AI-use guidance applied to this area.Summarise ACMA rules.YellowClose supervisionLawyer verifies.
Review a GenAI vendor contract for TMT clientsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksReview.YellowClose supervisionLawyer advises.
Advise on AI product liabilityStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksAnalyse.YellowClose supervisionLawyer advises.
Summarise AI regulatory developmentsStart this taskSee suggested levelsWritten for AustraliaAustralia onlySource basis: Area-specific AU source in linksSummarise.GreenLawyer reviewVerify.

Firm-wide obligations

Firm-wide obligations
ObligationWhat it covers
Trust accounting & handling client moneyChecks that apply across files.
Costs, billing & litigation fundingChecks that apply across files.
Client-facing & access-to-justice AI toolsChecks that apply across files.
Incoming evidence — deepfakes & synthetic documentsChecks that apply across files.
AI decision systemsChecks that apply across files.
Confidentiality & client informationChecks that apply across files.
AML/CTF — the practice as a reporting entityChecks that apply across files.
What changes in Australia
What changes in Australia
TopicWhat changes
ScopeTechnology supply, software licensing, SaaS and cloud, outsourcing, Consumer Data Right participation and telecommunications agreements, from drafting to disputes.
Moving law2024 Privacy Act reforms, the unfair-contract-terms regime, SOCI Act CIRMP Rules amendments, APRA CPS 230 (replacing CPS 231), CDR expansion and the ACCC's proposed digital-platform regime.
Where it goes wrongText extraction and comparison suit AI. A wrong statutory threshold or invented precedent can expose the client to multi-million-dollar penalties or unenforceable clauses.
Limits on AI assistance
  • Check every statutory threshold, penalty figure and commencement date against the current instrument.

Precedents for this area

All precedents for Technology, Media & Telecommunications / IT Contracts. Signed-in accounts can read the full text.

Related jurisdictions