Dr Sam De Silva

Dr Sam De Silva

Dr Sam De Silva

Partner | CMS Cameron McKenna Nabarro Olswang

Dr Sam De Silva is a Partner in the Technology and Outsourcing practice in the London office of leading international law firm, CMS Cameron McKenna Nabarro Olswang LLP. Sam specialises in complex and strategic IT and telecommunication projects and also regularly advises on data protection (including the GDPR), privacy and cyber-security issues. At an international level, Sam is both the UK representative on the EU Commission’s Expert Group on Cloud Computing Contracts and on the IT Law Committee of the Bars and Law Societies of Europe (CCBE). Sam is on the International Advisory Board of Cyber Rescue Alliance, which is a business assistance alliance helping its members reduce the harm caused by cyber-attacks and is a former Global Board of Trustee for the Chartered Institute of Procurement and Supply (CIPS). At the national level, he is the past Chair on the Law Society’s Technology and Law Committee (but still a committee member) and a committee member of the EU Committee of the Law Society. Sam is on the Board of the IT Faculty of the Institute of Chartered Accountants of England and Wales. Sam has recently been elected as a Trustee to the British Computer Society (BCS) and is on the Council of the BCS. Sam is also the Co-convenor (with the Chinese) on a proposed new ISO Standard on management of contract and legal risk. Sam is the Chair of the Legal Special Interest Group at the Institute of Risk Management. Sam’s considerable experience with the above-mentioned committees and groups provides deep market intelligence which supports clients in their strategic planning and future proofing of projects

Sam has written and spoken extensively on technology, outsourcing and data protection and is regularly called upon by the industry as a thought leader in these areas. He has been interviewed in the press, radio, webinars and on television. Sam is also one of very few UK solicitors who is a Fellow of CIPS (FCIPS), Fellow of the British Computer Society (FBCS) and a Chartered IT Professional (CITP). Sam has post-graduate degrees in information technology and business administration so is well aware of the commercial, business and technical issues facing both users and suppliers of technology. Sam also has in-house industry legal experience having been seconded to Accenture UK as a Senior Legal Counsel. He is recognised as a leading individual in the most recent edition of the Legal 500 and as a Star Individual in Chambers & Partners directories. Sam is named in Who’s Who of Information Technology 2019, Who’s Who of Data Privacy and Protection 2019 and the Who’s Who of Data Security 2019 as one of the world’s leading lawyers in those areas of law. In addition, Sam has been listed in Who’s Who Legal: Thought Leaders – Global Elite 2019. As well as being a qualified English law solicitor, Dr De Silva is also a Barrister and Solicitor of the High Court of New Zealand and a Solicitor of the Supreme Court of New South Wales, Australia.

Talk synopsis

Best Practice for Software License Agreements

In many respects, the software licence is the legal cornerstone of the technology supply throughout the world, from simple off-the-shelf products to highly customised and integrated business systems. This session provides a practical overview of the key features and essential elements of software licences, and the issues organisations need to consider in order to review and negotiate an effective software license. The following issues will be explored:

  • approach to review and negotiations of software licence agreements
  • getting the scope of the licence correct
  • understanding the importance of limitations and exclusions of liability
  • ensuring robust acceptance testing
  • understanding the various approaches to intellectual property
  • ensuring the technical / operational schedules align with the “front-end” legals
  • avoiding the traps related to the provisions dealing with Upgrades, updates, new versions and new releases
  • how escrow agreements provide software users with protection against default or insolvency of a supplier