Курс для юристів з IT-права "DIGITAL LAW"

Digital Law: A Comprehensive Guide for the Modern IT Professional

Module 1: Introduction to IT Business and the Role of the IT Lawyer

• Understanding the IT Landscape: This module provides a foundational understanding of the IT industry, defining IT, IT business, and IT companies. We'll explore key terminology, differentiating between outsourcing and product-based companies, and delving into the world of tech startups.
• Unique Aspects of IT Business: Discover the specific characteristics of the IT business environment and how they impact legal considerations.
• Legal Roles in Different IT Structures: Explore the distinct responsibilities of an IT lawyer working for outsourcing companies versus product-based companies.

Module 2: Structuring IT Businesses in Ukraine

• Client Relationship Management: Learn strategies for structuring relationships with clients in the IT sector.
• Taxation for IT Companies in Ukraine: A deep dive into the Ukrainian tax system as it applies to IT businesses, including:
  • Understanding the impact of IT business models on taxation.
  • VAT implications for providing services to foreign clients.
  • VAT on software licenses, SaaS, and online services.
  • Optimizing tax structures: Profit tax vs. Single Tax.
  • The 2% tax system: Is it beneficial for IT businesses?
  • Withholding tax and the impact of Diia City on individual entrepreneurs (FOPs).
• Structuring Relationships with IT Specialists: Explore various ways to engage IT professionals, including:
  • Taxation of IT specialist income.
  • Payroll and withholding tax obligations for employees and contractors.
  • Taxation of FOPs.
  • Navigating hidden employment relationships and minimizing associated risks.
• Diia City: An Alternative or a Passing Fad? A detailed analysis of the Diia City program and its potential benefits and drawbacks for IT businesses.

Module 3: Intellectual Property for IT Companies

• Copyright Fundamentals: Understand the basics of copyright law, including what is protected, when rights arise, and the concept of copyright presumption.
• Copyright Protection & Licensing: Explore copyright duration, international variations, and methods for protecting and enforcing copyright. Learn about various licensing models (open-source, freeware, etc.).
• Intellectual Property Strategies: Cover patenting software, design patents, and the practicalities of patenting in Ukraine and the US.
• Diia City & IP Rights: Understand how the new Diia City law affects intellectual property rights.

Module 4: Structuring International IT Businesses

• The Need for International Structuring: Determine when a domestic structure is insufficient and the benefits of internationalization.
• International Company Ownership: Explore the legality of owning foreign companies.
• Foreign Bank Accounts: Understand the rules for Ukrainian legal entities and FOPs holding accounts in foreign banks.
• Common International Structures: Examine typical international structures used by Ukrainian IT businesses.
• International Tax Considerations: Delve into withholding tax, passive income taxation, the concept of beneficial ownership, and the IP box.
• BEPS & De-offshorization: Understand the impact of Base Erosion and Profit Shifting (BEPS) and de-offshorization trends on international business structures.

Module 5: Contracts in the IT Business

• Outsourcing Models: A comprehensive overview of outsourcing models and contract drafting principles.
• IT Company Models: Explore different types of IT companies and the specific considerations for service-based IT companies.
• Key Contractual Agreements: Detailed analysis of:
  • Non-Disclosure Agreements (NDAs)
  • Non-Compete Agreements (NCAs)
  • IT Service Agreements (including template creation and analysis)
  • Agreements with IT Specialists (FOPs)
  • Gig Contracts
  • Other essential documents
• Protecting Confidential Information: Strategies for safeguarding sensitive data.
• Understanding the Legal Framework: Navigating the legal aspects of various contract types.

Module 6: GDPR and the Ukrainian IT Business

• Data Protection Fundamentals: Understand personal data, relevant legislation (Law of Ukraine on Personal Data, GDPR), and its applicability to Ukrainian companies.
• GDPR Compliance: Explore roles in data processing, legal bases for processing, data subject rights, and controller/processor obligations.
• Practical GDPR Implementation: Learn about technical and organizational measures (ROPA, TOMs, DPIA), data transfer mechanisms, and practical compliance checklists.
• Data Protection for Different Stakeholders: Understanding the nuances of GDPR compliance for employees, gig