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Contracts and tenders

K01, K02 and K03 (standard contracts for IT projects)

We provide advice to public authorities and businesses during all phases of formation of contract, from the negotiation process to the final contract and while the contract is in force.

We often participate in project groups with consultants and other advisors as part of our advisory services, and we also participate in negotiations with opposing parties, often in customised negotiation processes. Our advice is always provided in close dialogue with the client and with a focus on the operational processes to make sure that the solutions are useful and long-lasting.

We have assisted the Danish Ministry of Science, Technology and Innovation with drafting the most important standard contracts in the IT area, K01, K02 and K03, recommended by the Danish Council for ICT.

K03 (standard contract for an agile IT project)

In connection with our work on K03 we published the book "K03 med vejledning" (in translation: K03 with guidelines). If you are interested in receiving a copy of the book or an English version of K03, please contact Partner Tom Holsøe.

In addition, Partner Tom Holsøe participated as a keynote speaker at the Agile Business Conference in London on 9 October 2013 where he presented the new Danish standard contract for IT projects based on agility (K03).

Please note that the versions of the K03 contract and appendices published here have been slightly amended compared to the versions published by the Danish Agency for Digitisation.

The contracts, appendices and guidelines can be downloaded in Word here.

The English version of the contract and the appendices is our own translation.

A key challenge is to handle the data protection law issues resulting from e-government, such as its relationship with the practices of the Danish Data Protection Agency which can be hard to assess at times.

The General Data Protection Regulation has been agreed on. It contains a number of completely new requirements to be fulfilled by public bodies, such as the mandatory use of data protection officers, an obligation to prepare data protection impact assessments, secure documentation for data processing, and a data protection by design and by default obligation when creating new digital solutions, etc.

Our advice

We advise clients on all data protection law aspects, including questions about:

  • the authority to process personal data
  • good data processing practices
  • disclosure
  • international transfers of data in connection with outsourcing
  • notification to the Danish Data Protection Agency
  • duty of disclosure
  • erasure
  • security requirements
  • data controllers/data processors
  • staff checks
  • CCTV, etc.

We also assist our clients with drafting data processing agreements, declarations of consent, notifications to the data subject as well as personal data policies and security policies, impact assessments, etc.

We also advise on the problem areas before decisions of major importance are to be made and help follow the case through before the courts. At other times, we become involved much later on in the proceedings. The common feature is that we turn our many years of experience into operational solutions that fulfil our clients' needs and bear the scrutiny of the Danish Ombudsman, the Danish Data Protection Agency or the courts.