The advent of artificial intelligence had replaced the conventional practices in contract drafting. Now with the help of AI anyone can draft smart clauses for their agreements. Even for a lawyer, it is helpful to draft clauses taking less time and effort. From my experience, I understood that the knowledge of law is important for the person who is prompting the AI to write the relevant clauses. The interest of the parties entering into a contract should reflect in the agreements. Normally agreements are drafted with one sided bias or with the interest in protecting the mutual interests. The position of the parties entering into the agreement is largely reflected in the agreement. This usually happens, if a big company entering into contract with relatively small company. According to me , vetting of agreement with a legal professional is important even if agreement is drafted with the help of artificial intelligence.
Nemo plus iuris ad alium transferre potest quam ipse habet means one cannot transfer to another more rights than they themselves have is important while giving promises about coding. Coding become more complex affair when we do third party integration or using open source coding. Safe coding practices are very important when dealing with trusted and established clients. Other wise it will spoil your reputation and brand value. There are occasions where software engineer generating the code had less knowledge about the legal implication and prudent practices to follow while doing third party integrations.
The value of data privacy is gaining more attention and more countries are enacting their data protection laws. It is important to check the data protection laws in the respective country while engaging a contract with a company in that country. The spirit and compliance procedures are more or less similar in nature, even then reviewing the respective data protection laws are very important to give proper legal sanctity to your agreements.
The impact of penalties should be clearly understood while agreeing with penalty clauses. Penalty amount more than contractual amount will significantly increase the risk exposure of the company. Agreeing with penalty clauses requires proper scrutiny and it is important to follow the best practices in the industry.
