5.3.2018

New IT2018 General Terms and Conditions Published – Key Update, GDPR-Compliant Special Terms and Conditions Processing Personal Data

The new IT2018 general terms and conditions have just be published to replace the IT2015 general terms and conditions. The update is motivated by the EU’s General Data Protection Regulation (GDPR), which will be applied starting on 25 May 2018. The IT2018 general terms and conditions are meant to be applied in small and mid-size IT procurements between businesses.

The largest change is that special terms and conditions for the processing of personal data (EHK) have been added to help meet the GDPR’s requirements in IT deliveries. These special terms and conditions will be a welcome aid both in future IT projects and in updating existing agreements. The general terms and conditions and cloud service terms and conditions have also been updated.

The GDPR requires that the outsourcing of personal data processing must be agreed in writing between the data controller and the data processor. This means that when a supplier processes personal data on behalf of its client as part of an IT delivery, this processing requires a written agreement fulfilling certain minimum requirements. This applies to both new and existing agreements, which means that existing agreements will have to be reviewed and updated to meet the GDPR’s requirements. The GDPR sets the minimum requirements for such agreements, such as commitments to comply with the data controller’s instructions and implementing sufficient data security.

The IT2018 EHK terms and conditions meet the GDPR’s minimum requirements and can be used as a base for data processing agreements. However, when drafting an agreement, it is important to account for the nature of the product or service being delivered and to ensure that the obligations concerning, for example, data security are sufficient with respect to the risk of the processing being outsourced. The IT2018 general terms and condition assume that the EHK terms and conditions take precedence over the other IT2018 terms and conditions.

The IT 2018 general terms and conditions have been drafted in cooperation by the Finland Chamber of Commerce, Ohjelmistoyrittäjät ry, the Finnish Association of Purchasing and Logistics LOGY, Technology Industries of Finland and the Finnish Information Processing Association, TIVIA.

Read more about outsourcing personal data processing on out blog.

For more information, please contact:

Pia Ek 

Mikko-Pekka Partanen 

Kimmo Rekola

Latest references

We advised Yellow Film Studios, the largest independent film and television production company in the Nordics, in its strategic merger with Danish film industry sales and financing studio REinvent Studios. Together they form Reinvent Yellow, a unified hub for television and film production, sales, financing and innovation, combining over three decades of production experience and a vast catalogue of titles.
Case published 8.10.2025
We successfully represented a panel of reinsurance companies in an international ad hoc arbitration. The dispute arose out of a reinsurance treaty under the terms of which the reinsurers had reinsured a portfolio of risks underwritten by the cedent. The parties disagreed as to whether the reinsurance provided coverage for a certain loss that had occurred because of the market turmoil caused by the Covid-19 pandemic. The case involved highly complex legal and contractual questions requiring special expertise on reinsurance law and practice. The arbitral tribunal rejected the counterparty’s claims for reinsurance compensation against our clients in full. The amount in dispute was approximately EUR 34 million.
Case published 16.9.2025
We supported byFounders.vc as the Finnish counsel in their investment in DataCrunch Oy in a USD 64 million Series A funding round. DataCrunch provides scalable AI compute solutions from energy-efficient data centers in Iceland and Finland. byFounders.vc is the community-powered early-stage venture fund investing in globally ambitious teams connected to the Nordic and Baltic countries.
Case published 11.9.2025
We advised Springvest Oyj in organising a EUR 45 million Series A funding round for ReOrbit, a space technology company and a leading provider of software-first satellites. It’s the largest all-equity Series A round in Finland and one of the most significant deals overall in the European space and defence sector. The purpose of the funding round is to support ReOrbit’s growth. The round consisted of a private placement reserved for professional and institutional investors, which included, e.g. Icebreaker.vc, Expansion VC, 10xFounders, Inventure VC, Varma Mutual Pension Insurance Company, and Elo Mutual Pension Insurance Company, and an EUR 8 million public share offering, which was oversubscribed within 4.5 hours. Springvest is a Finland-based investment firm that connects unlisted growth companies with investors. ReOrbit builds sovereign satellites and connected systems for national security.
Case published 9.9.2025