Technology Law

Lawyers for technology, software and SaaS businesses

Rouse Lawyers advises technology businesses, founders, software and SaaS providers, managed service providers and corporate clients on technology law across Australia. Our Brisbane-based technology lawyers advise on technology contracting, intellectual property, privacy and data, artificial intelligence, technology transactions and the corporate arrangements that sit behind technology businesses.

We work with technology businesses from startup and commercialisation through growth, investment and exit, as well as established and regulated organisations procuring and implementing technology.

Our technology practice combines technology contracting with broader corporate and M&A capability, allowing us to advise from commercialisation and growth through investment and exit.

Who we act for

• Startups and scale-ups: founder and shareholder arrangements, IP ownership, customer contracts, investment and growth
• Software, SaaS and platform providers: customer and user terms, licensing, privacy, integrations, reseller arrangements and commercialisation
• Managed service providers: master services agreements, statements of work, service levels, hardware, support and professional services
• Regulated entities and corporate clients: technology procurement, cloud, digital transformation, sensitive data and AI adoption
• Buyers and sellers of technology businesses: technology due diligence, IP ownership, contracts, data and transactions

What our technology lawyers advise on

• Software and SaaS agreements: subscription terms, licensing, user terms, service levels, data, liability, renewals and termination
• Technology procurement: procurement and implementation agreements for customers dealing with local and global technology suppliers
• Development and services agreements: scope, milestones, acceptance, payment, IP ownership, support and project failure
• Managed services: master services agreements, statements of work, service levels, support, hardware and professional services
• Licensing and commercialisation: IP licensing, assignments, reseller and distribution arrangements, white-labelling and revenue-sharing structures
• Privacy and data protection: privacy policies, collection notices, privacy impact assessments, cross-border data flows, data handling and breach response
• Artificial intelligence: development, deployment, procurement and commercialisation of AI products and services
• Consumer protection: Australian Consumer Law, consumer guarantees, unfair contract terms and consumer risks arising from technology and AI
• Technology transactions: M&A, investment, technology due diligence, chain of title and transfer or licensing of technology assets
• Trade promotions: promotion structures and terms and conditions, including games of chance and skill

Technology contracts and procurement

We advise on technology contracts from both sides of the transaction.

For technology suppliers, that includes master services agreements, terms of service, user terms, SaaS agreements, statements of work, reseller and distribution arrangements and white-label agreements.

For customers, we advise on procuring and implementing technology from global vendors and local suppliers, including software, cloud, managed services and development projects.

Depending on the arrangement, we advise on scope, implementation, service levels, data, intellectual property, information security, privacy, liability, warranties and indemnities, business continuity, termination and transition.

SaaS and platform agreements

A SaaS business can sign substantially the same terms across hundreds of customers, so weaknesses in those terms can repeat as the business scales.

We draft and negotiate SaaS and platform agreements dealing with:

• subscription and licence rights
• service levels and availability
• service credits
• data ownership, use and portability
• privacy and information security
• intellectual property
• liability and indemnities
• renewals and changes to the service
• termination and transition
• return or deletion of customer data

These terms can also become important during investment or M&A due diligence. Customer contracts, recurring revenue arrangements, IP ownership and data obligations can all affect how a technology business is assessed by an investor or buyer.

Software development and implementation

Software development projects can create disputes over scope, delivery, acceptance, payment and ownership.

We advise customers and technology providers on agreements dealing with project scope and specifications, milestones, testing and acceptance, change control, payment, intellectual property, third-party and open-source components, support, delays, termination and handover.

Ownership should be addressed when the technology is created. Where founders, contractors, freelancers or offshore development teams have contributed to a product, the chain of title can become particularly important when the business raises capital or goes through due diligence.

Intellectual property and technology commercialisation

For many technology businesses, intellectual property is one of the assets on which the value of the business depends.

We advise on ownership, assignment, licensing and commercialisation of technology and IP, including:

• software and technology licensing
• IP assignments
• reseller and distribution arrangements
• white-label arrangements
• revenue-sharing structures
• technology transfer and commercialisation agreements
• chain-of-title reviews

We can also review IP ownership before a capital raising or sale so gaps involving founders, contractors or developers can be addressed before investor or buyer due diligence.

Privacy, data and cybersecurity

We advise on privacy and data protection issues arising from technology products, systems and commercial relationships, including:

• privacy policies and collection notices
• privacy impact assessments
• data-handling practices
• contractual privacy and data provisions
• cross-border data flows
• data breaches and regulatory notifications
• surveillance and monitoring
• cybersecurity-related legal obligations
• health and other sensitive information
• privacy issues arising from cloud, SaaS and AI services

For regulated organisations, privacy and data issues can also intersect with sector-specific requirements, cybersecurity and critical infrastructure obligations.

Privacy requirements are changing, and the legal position needs to be considered alongside the systems, contracts and processes through which information is collected, used, stored and disclosed.

Artificial intelligence

Rouse Lawyers advises founders and businesses developing, deploying, procuring and commercialising AI products and services.

For businesses developing AI products, legal issues can include intellectual property, rights relating to inputs and outputs, data use, privacy, customer terms, consumer protection and commercialisation.

For businesses procuring or deploying AI, we advise on issues including data use, confidentiality, intellectual property, vendor terms and responsibility for AI-assisted outputs or decisions.

AI issues can also arise during investment and M&A due diligence where AI technology, datasets or third-party models form part of the business.

Consumer protection and technology businesses

We advise technology businesses on Australian Consumer Law issues affecting their products, contracts and marketing, including consumer guarantees, unfair contract terms, customer-facing terms, subscription and renewal arrangements and consumer issues involving AI-driven and algorithmic decision-making.

Technology transactions and M&A

Rouse Lawyers advises on acquisitions, investments and exits involving technology and IP-heavy businesses.

Our technology transaction experience includes SaaS, cybersecurity, mining technology, ERP, IT services and software platforms.

Representative transactions include:

• advising Practice Protect, a cybersecurity platform serving accounting firms internationally, on its sale to US-based Rightworks
• advising Precision Mining, a Queensland mining technology company, and its founders on its sale to Micromine
• advising AssetOn, an asset-management software and services business, on its sale to ASX-listed COSOL
• advising Nexvia, a construction project-management software platform, on its sale to ASX-listed Felix Group

Technology due diligence can include IP ownership and chain of title, founder and contractor assignments, customer and supplier contracts, assignability and change-of-control provisions, software licences, third-party and open-source technology, privacy and data practices and development arrangements.

For sellers, we can review those areas before a transaction begins and address issues that might otherwise emerge during buyer due diligence.

Because Rouse also has a dedicated [Mergers & Acquisitions] practice, the technology and transaction work can be handled together from preparation and due diligence through transaction documentation and completion.

Startups and scale-ups

We advise technology founders from establishment and commercialisation through growth, investment and exit.

This can include corporate structuring, founder and shareholders’ agreements, IP assignments, customer terms, privacy, employment and contractor arrangements, employee equity and capital raising and investment documentation.

The focus is on putting the ownership, IP and contractual foundations in place at the appropriate stage, including the areas investors and buyers will later examine during due diligence.

Managed service providers

We advise managed service providers on master services agreements, statements of work and service-level arrangements covering technology, support, hardware and professional services.

These agreements can address scope, service levels, customer responsibilities, data handling, liability, payment, support and termination, while providing a consistent contractual framework as the customer base grows.

Technology procurement for enterprise and regulated businesses

We advise established and regulated organisations procuring and implementing technology, including cloud services, software platforms, managed services and AI.

Our work includes negotiating with major vendors, structuring implementation arrangements and advising on issues involving sensitive or regulated information, service levels, data, security, business continuity, termination and transition.

Brisbane-based, acting Australia-wide

Rouse Lawyers is based in Brisbane and advises technology businesses, founders and corporate clients across Australia.

Technology products and contracts regularly involve customers, suppliers, developers, data and counterparties in different jurisdictions, and our technology practice is not limited to Queensland matters.

Speak with our technology team about a software, SaaS, AI, privacy, technology contract, procurement or technology transaction.

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