According to KKWR, the essence of the agreement is a joint project for the implementation of the LiveBank Cloud solution, which utilises cloud technology based on a SaaS model. The solution incorporates a number of enhancements including digital document exchanges, screen-sharing capabilities, and the ability to file shared documents. The solution will also allow ING customers to receive advice remotely from bank specialists in addition purchasing a number of bank products without being physically present at a branch. The products to be made available online will include mortgages.
Based in Krakow, Ailleron is a software firm that provides IT and technology services with a focus on software development services for financial institutions including banks, fintech firms, leasing companies and other entities. Its agreement with ING Bank will include Operator Chmury Krajowej as a party to the project, providing the cloud platform and ensuring the compliance of relevant cloud services with regulatory requirements.
KWKR advised Ailleron with a team comprising managing partner Michal Konieczny, equity partner Wieczorek and associate Gabriela Kocurek. KWKR previously advised Alleron on the sale of its majority stake in Software Mind to Enterprise Investors.
Michal Konieczny, KWKR
Can you tell us more about your role in ensuring the success of this agreement?
Our role was to ensure that Ailleron’s interests were adequately safeguarded, taking into account Ailleron’s internal standards while also bearing in mind ING’s requirements for the project qualified as a regulated outsourcing.
The other important task of our team was to support Ailleron in developing the model of future cooperation in a tripartite relationship between Ailleron, Operator Chmury Krajowej and ING which would be acceptable for each party. Our role was to take care of the proper and precise identification and division of duties and responsibilities within this relationship, taking into account ING’s requirements and the positions of each party. During the negotiations, our team also supported the dialogue between the three parties. There were contentious issues during the negotiations, but we managed to reach a compromise.
In what way were you and your team best suited to provide capable advice to Ailleron on its agreement with the relevant parties?
Legal services for IT implementations, both in the on-premise and cloud models, is one of the our leading specialisations. For years, we have been advising our clients in this area and supporting them in the process of negotiating IT implementation agreements and contracts for the provision of services in the SaaS model. We also have great experience in providing legal services for projects in the FinTech sector, including those covered by industry regulations of the financial sector.
Thanks to many years of cooperation with our clients in the field of IT implementations, we have a good understanding of the technical aspects of the implementation projects and we accurately identify business risks. It is these competencies that enabled our team to provide Ailleron with comprehensive support during the contract negotiation with ING.
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Do you expect to work on further deals of this nature in 2023?
The use of cloud technology in the financial sector is widespread around the world. In Poland, due to specific regulatory requirements for such implementations, this progress is not as fast as in other western countries. However, the polish financial industry is now seeing greater interest in cloud-based IT product implementations. The transformation of banking products towards cloud outsourcing is only just gaining momentum, hence we anticipate that more such projects will emerge in 2023.
