IndustriesSoftware and information technology

Legal support for the software industry

We advise software houses, product companies and IT service providers on contracts with clients and suppliers, protection of intellectual property, hiring and transactions.

1991the year from which we have advised companies
IT lawa field in which the firm is internationally ranked
3offices in Serbia and Montenegro
Industry overview

Legal framework

The operations of software companies are governed by copyright and related rights, contract law, employment rules and data protection law, alongside tax incentives for research and development.

Most risk arises in development and licensing contracts, in the chain of intellectual property assignments and in engaging contractors. These points are reviewed in every investment process.

Copyright and related rightsCreation and assignment of rights in software and databases.
Contract lawDevelopment, maintenance, licensing and service agreements.
EmploymentContracts with employees and contractors, rights and confidentiality clauses.
Data protectionApplication of the Serbian act and the GDPR in development and service delivery.
Tax incentivesRelief for research and development and for intellectual property income.
Export of servicesForeign exchange rules and contracting with foreign customers.
Our services

Most common areas of support

Six areas in which software and IT companies most often ask for legal support.

01

Development and service contracts

  • Development contracts on a fixed-scope and on a dedicated-team basis.
  • Maintenance, support and service level agreements.
  • Outsourcing contracts and engagement of subcontractors.
  • Liability, warranty and limitation of damages provisions.
  • Negotiating customer terms and drafting standard templates.
02

Licensing and terms of use

  • Licence agreements and terms of use for software as a service.
  • Billing, renewal and termination policy.
  • Terms for the use of open source code.
  • Rules on processing user data within the service.
  • Distribution and partner agreements.
03

Intellectual property

  • Structuring the creation and assignment of rights in software.
  • Assignment agreements with employees and contractors.
  • Protection of trade marks, product names and visual identity.
  • Trade secrets and confidentiality agreements.
  • Action in the event of infringement.
04

Data protection and security

  • Records of processing and legal bases for processing.
  • Contracts with processors and sub-processors.
  • Transfers to third countries and standard contractual clauses.
  • Incident handling and notification duties.
  • Privacy by design and by default in product development.
05

Hiring and mobility

  • Employment contracts and contractor agreements.
  • Work rules, working time and remote work policies.
  • Non-compete clauses and clauses on rights in work results.
  • Employee share and option plans.
  • Work and residence permits for foreign nationals.
06

Investment and transactions

  • Preparation for due diligence and tidying of documentation.
  • Equity investments and convertible loans.
  • Founder arrangements and shareholders agreements.
  • Sale of the business and transfer of client contracts.
  • Post-closing alignment of operations.
How we work

What working with us looks like

Four stages, from legal analysis to ongoing support.

01

Regulatory analysis

We establish which licences, approvals and documents the proposed business model requires.

02

Documentation

We prepare contracts, internal acts and policies and coordinate procedures before the competent authorities.

03

Implementation

We represent the client in proceedings and negotiations through to a decision or the signing of the contract.

04

Ongoing support

We track legislative changes, supervisory procedures and the obligations that arise during operations.

Common questions

Questions clients ask

Who owns software created by an employee?

Rights in software created in the course of employment belong to the employer as a rule, but the scope and duration depend on the contract. Employment and contractor agreements should therefore address this expressly.

Is a special permit needed to provide software services abroad?

As a rule no, but foreign exchange rules, tax obligations and, in certain sectors, export control rules apply.

How should relations with contractors be structured?

Through a contract that clearly sets out the subject matter, the basis of remuneration and the assignment of rights in the results. The substance must not amount to employment, which carries tax and labour risk.

What is most often requested in an investment process?

A clean chain of intellectual property assignments, contracts with key clients and contractors, data protection documentation and settled arrangements between founders.

Can research and development incentives be used?

Incentives exist both for research and development costs and for income from intellectual property. They require appropriate documentation and records, which we prepare together with the client.

Next step

How can we help?

Describe your matter and we will point you to the lawyer who leads that industry.

Contact us
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