Digital transformation is reshaping industries, but without a solid legal foundation, projects can face significant risks. With 70% of digital transformation initiatives failing to meet their objectives, businesses must carefully navigate contractual, regulatory, and operational challenges to succeed.

This podcast series brings together our technology sector legal experts to provide practical insights on structuring vendor agreements, managing risks, ensuring compliance, and resolving disputes. Whether you are launching a new digital project, overseeing an AI-driven transformation, or managing legal risks in M&A, this series is your essential guide to the legal side of digital transformation.

Episode 1: Structuring Vendors & Contracts in Digital Transformation

Vendor relationships are at the heart of digital transformation, but poorly structured contracts can lead to disputes and costly failures. In this episode, Sarah Kenshall, Joanne Vengadesan, and Phillip D’Costa explore key legal considerations, from reviewing existing contracts to structuring new vendor agreements. They discuss essential topics like termination clauses, data migration, service level agreements, and AI-related risks to help businesses avoid common pitfalls and build a legally sound digital ecosystem.

Episode 2: The Statement of Work – Getting It Right from the Start

A clear Statement of Work (SoW) is critical for defining project scope, responsibilities, and risk allocation in digital transformation. In this episode, Sarah Kenshall and Oliver Kidd explain how an SoW interacts with a Master Services Agreement (MSA) and why vague terms can lead to disputes. They cover key elements such as service descriptions, deliverables, dependencies, and liability clauses, ensuring businesses set the right contractual foundation for a successful transformation.

Episode 3: TUPE & Employment Law in Digital Transformation

When digital transformation leads to outsourcing or service provider changes, employment law issues under TUPE can arise. Gemma Woodhouse and Joanne Vengadesan discuss how TUPE applies when employees transfer between suppliers, the legal obligations for businesses, and how to manage disputes over staffing levels, employment rights, and cost liabilities. With TUPE obligations extending for two years post-transfer, this episode provides essential insights for businesses navigating digital workforce changes.

Episode 4: AI, Data Flows & Regulatory Challenges

As AI becomes central to digital transformation, businesses must navigate complex data privacy and regulatory requirements. Charlotte Hill and Dan Lovett break down the legal implications of AI, including compliance with the EU AI Act, UK regulations, and cybersecurity laws. They discuss key risks such as data processing, intellectual property concerns, and regulatory classification of AI systems, helping businesses mitigate legal exposure while leveraging AI-driven innovation.

Episode 5: M&A, Investment & Legal Due Diligence in Digital Transformation

Investors and acquirers closely scrutinise digital transformation strategies, making legal due diligence crucial for businesses seeking investment or undergoing M&A. Oliver Kidd and Joanne Vengadesan explore key concerns, including contract risk, IP ownership, open-source software, and data protection compliance. They highlight potential pitfalls in change-of-control clauses, vendor contracts, and cybersecurity frameworks, offering insights on preparing for investor scrutiny and ensuring a smooth acquisition process.

Episode 6: Managing Project Challenges & Exit Strategies

Digital transformation projects can face unexpected challenges, from misaligned expectations to disputes over implementation and data migration. Joanne Vengadesan and Phillip D’Costa discuss strategies for managing issues before they escalate, including how to navigate change management, mitigate liability, and structure effective exit strategies. They cover common contractual pitfalls, such as scope creep, termination risks, and liability limitations, ensuring businesses remain legally protected in complex transformation projects.

Episode 7: Risk Management & Cybersecurity in Digital Transformation

Every digital transformation carries risks, from cybersecurity threats and supplier failures to contractual disputes and regulatory breaches. Sarah Kenshall, Matt Clarke (Cyber Director, Partners&), and Phillip D’Costa outline best practices for risk mitigation, governance frameworks, and contractual protections. They discuss cyber insurance, operational resilience clauses, and security-first infrastructure to help businesses safeguard their transformation initiatives against financial and legal threats