Legal Guidance and Research / Experts / Kit Burden
Kit Burden#639
LinkedIn External

Kit Burden

DLA Piper
Kit is one of the UK and Europe's foremost IT and outsourcing lawyers. He works with both customers and suppliers, including various FTSE companies and household names. He is top ranked in both the Chambers and Legal 500 directories and has been named "UK Technology Lawyer of the Year" by Global Legal Experts, and subsequently also named by the Global Sourcing Association as both their “Legal Advisor of the Year” and “Strategic Advisor of the Year”. He is the author and editor of multiple legal publications on technology topics. Since the beginning of 2023 he has also sat on the International Board of DLA Piper

Practice Area

Panels

  • Consulting Editorial Board
  • Contributing Author

Qualified Year

  • 1993

Membership

  • Society for Computers and Law

Education

  • Southampton University
  • Guildford Law School

3 Contributions by Kit Burden

Negotiating UK cloud and outsourcing contracts with hyperscalers and CSPs: buyer guidance on service changes, suspension, termination, liability and audit rights
PRACTICE NOTES
Negotiating UK cloud and outsourcing contracts with hyperscalers and CSPs: buyer guidance on service changes, suspension, termination, liability and audit rights
This Practice Note This Practice Note examines the impact of hyperscalers and leading cloud service providers (CSPs) on IT outsourcing, as well as prevailing market approaches to negotiating and drafting the relevant agreements from a UK purchaser’s standpoint. We now live in an environment in which most technology and business process services are consumed on an ‘as a service’ model; that is, they are delivered through the cloud, either as a turnkey solution or by having the pertinent applications hosted offsite. Although some cloud services target discrete or niche needs, others are extensive and/or mission‑critical and may entail significant levels of contract expenditure. See Practice Note: The evolution of IT outsourcing. Accordingly, market practice is shaped by which provisions are commonly debated and how impacted contracts are framed when engaging with such providers. Against this backdrop, close attention is paid to the contractual terms settled with CSPs, including, though not confined to, the ‘hyperscalers’, namely those offering large‑scale infrastructure as a service (IaaS) and platform as a service (PaaS) capabilities that support many other types of technology and outsourced service propositions...
TMT
Technology Sourcing and Outsourcing: Negotiating Key Risks on Due Diligence, Scope (including Agile), Relief Notices, IP, Suspension/Step-in, Termination and Liability
PRACTICE NOTES
Technology Sourcing and Outsourcing: Negotiating Key Risks on Due Diligence, Scope (including Agile), Relief Notices, IP, Suspension/Step-in, Termination and Liability
Technology products, solutions and services sit at the heart of almost every business, appearing in many guises. They differ in scale, complexity and worth, spanning major outsourcing and managed services through to ‘as a service’ offerings delivered via the cloud and on‑premise software licences. Nonetheless, certain contractual themes recur, with customers and suppliers holding reasonable concerns that must be accommodated if a deal is to be concluded. This Practice Note signposts the issues most frequently encountered and outlines ways disagreements between the parties can be settled. Adequacy of due diligence Many technology transactions call for the customer to share information with the supplier before signature, enabling the supplier to define the scope and set an appropriate price. At times, a request for proposal from the customer captures everything; more commonly, the supplier must obtain and review further detail to gain sufficient comfort about what is being agreed. The due diligence process makes this possible...
TMT
Multi‑Sourcing (Towers) Outsourcing Agreement for SIAM: Service Levels, Change Control, Third‑Party Contracts, TUPE, Data Protection, Disaster Recovery, Step‑In and Exit Assistance
PRECEDENTS
Multi‑Sourcing (Towers) Outsourcing Agreement for SIAM: Service Levels, Change Control, Third‑Party Contracts, TUPE, Data Protection, Disaster Recovery, Step‑In and Exit Assistance
This Agreement is entered into on [ date ]... Parties [ Customer ], a company incorporated in [ England ], with registered number [ company number ], whose registered office is located at [ address ] (Customer); [ Supplier ], a company incorporated in [ England ], with registered number [ company number ], whose registered office is located at [ address ] (Supplier). Each of the Customer and the Supplier is a party; together, they constitute the parties... BACKGROUND The Customer intends to outsource the delivery and management of its [ describe function ] services to the Supplier, alongside the Customer’s appointment of several other service providers to deliver related and/or interdependent services, with whom the Supplier will be required to collaborate (together with any third party the Customer may appoint to provide overarching co-ordination and management of its multi-supplier ecosystem on a service integration and management (SIAM) basis)... The Customer’s requirements are currently fulfilled [ internally OR by an associated company ] [ by insert name of existing supplier ]...
TMT
Expert page AD
If you expected to see yourself on this page, click here.