IT and software contracts in Spain

These days, software and digital systems play a vital role in almost every business. Whether you are developing an app, licensing technology to clients, or outsourcing IT services, having a clear and legally sound contract in place is essential. It protects your intellectual property, sets out each party’s responsibilities, and helps avoid costly misunderstandings in the future.

At Gascon Bernabeu, our team of English-speaking Spanish solicitors help clients across Spain and the UK put the right legal framework in place for their IT and software projects. We understand how complex and technical these agreements can seem, especially when dealing with a foreign legal system. Our role is to simplify the process, explain your options in plain English, and ensure that your contracts meet all the requirements of Spanish law.

We work closely with both private individuals and corporate clients, providing clear, practical advice that allows you to focus on your business while we take care of the legal details.

Why you might need an IT or software contract

An IT or software contract provides the legal foundation for how technology is created, used, and supported. These agreements protect your rights, define ownership, and ensure that each side understands their responsibilities. They are especially important when working across borders, as the laws governing intellectual property and software licensing can differ significantly from those in your home country.

You may need an IT or software agreement if you are developing a custom application, outsourcing part of your IT services, or licensing software to others. Common examples include software development contracts, software licensing agreements, IT service agreements, and ongoing maintenance or support arrangements. Each of these serves a different purpose, but all share the same goal to protect your business interests and give you confidence that your digital assets are secure.

Typical types of IT or software contracts include:

• Software development agreements – for the creation of custom software, such as mobile apps, web platforms, or enterprise systems.
• Software licensing agreements – setting out the terms for using proprietary or open-source software.
• IT services agreements – covering areas such as cloud hosting, network management, and cybersecurity.
• Software maintenance agreements – defining how software is supported, updated, and maintained over time.

Without a properly drafted contract, even simple projects can lead to disputes about ownership, payment terms, or performance. Our team can help you prevent those issues before they arise, ensuring that every agreement is clear, fair, and enforceable in Spain.

What your contract should include

A well-written IT or software contract sets clear expectations and provides protection for everyone involved. It’s important to cover essential areas such as who owns the intellectual property, what warranties are being made, and how any disputes will be handled.

Our English-speaking Spanish lawyers take the time to explain what each clause means and why it matters, so you always know exactly what you’re agreeing to. Typical areas we review and include are:

• Intellectual property rights – defining ownership of source code, documentation, and trademarks.
• Confidentiality – ensuring sensitive or commercial information is protected.
• Warranties and representations – outlining promises about the quality, performance, and functionality of the software or services.
• Limitation of liability – setting fair limits on potential damages.
• Indemnification – determining who will be responsible for covering losses or damages.
• Dispute resolution – agreeing how disputes will be handled, such as through mediation or arbitration.
• Termination – explaining when and how the contract can end, and what happens afterwards.

Each agreement is drafted to reflect your specific situation, whether you’re a developer protecting your work, a company commissioning new software, or an investor needing clarity over rights and responsibilities. We’ll make sure your contract is both legally compliant and commercially practical.

If you need advice or assistance with IT and software contracts in Spain, our team of English-speaking solicitors at Gascon Bernabeu can help. We have offices in Alicante, Mallorca, and London, and regularly work with international clients across Spain, the UK and beyond.

You can speak to a member of our expert team on +44 (0)20 3137 1320, email info@gbabogados.co.uk, message us on WhatsApp or use our online enquiry form to get in touch. We offer a free, no-obligation consultation and will be happy to discuss your situation and how we can help you protect your digital assets in Spain.