Technology Contracting in the Age of Generative & Agentic AI

Introduction

Technology contracting is entering a new phase. While established approaches to IT and software contracts remain relevant, generative AI and agentic AI are creating new challenges around intellectual property, data ownership, performance, liability and risk allocation.

This practical new virtual classroom seminar will examine how market practice is developing across traditional IT and software contracting, generative AI and agentic AI. It will highlight where established contractual approaches continue to work, where they are being tested and where new approaches are emerging.

The session will explore how IP and data ownership models are adapting to AI-generated outputs, customer inputs, model training and autonomous agent activity. It will also consider how performance commitments and warranties need to evolve where systems are probabilistic rather than deterministic and how liability frameworks are responding to risks including hallucinations, IP infringement and unsupervised agent actions.

With a focus on practical negotiation, the session will provide guidance on realistic contractual positions, fallback options and strategies for allocating risk between suppliers and customers. It will also consider the particular challenges presented by agentic AI, where autonomous systems may take actions with limited or no human intervention.

Whether you are negotiating a traditional technology agreement, renewing a generative AI contract or advising on an emerging agentic AI deployment, this session will help you identify the key contractual issues, assess the risks and negotiate more effectively.

What You Will Learn

This live and interactive session will cover the following:

• IP ownership and customer data - how traditional IT contracting models are being complicated by AI generated outputs, custom trained models, customer inputs used for model improvement and data generated by autonomous agents
• Performance and accuracy - how contractual warranties and performance commitments need to adapt to probabilistic AI systems, including hallucinations, unpredictable outputs, guardrails and governance requirements
• Liability and infringement risk - current approaches to liability caps, exclusions and carve outs in SaaS and AI contracts, the growing importance of third-party IP indemnities and the particular issues raised by agentic AI
• Risk allocation - how contractual positions vary according to the technology, use case and bargaining power and how to assess which party is best placed to identify, manage and mitigate particular risks
• Agentic AI - why autonomous systems create additional contractual challenges, including reduced reliance on human oversight, autonomous decision making and new categories of operational and legal risk
• Practical negotiation strategies - realistic approaches to supplier liability caps, customer protections, fallback positions and the standard terms that may create greater risk than initially appears

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.