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Cases Digex Co. Legal IT consulting for education

Legal IT consulting
for education

Legal IT consulting for education
Educational marketplace
2019 – 2020
The educational marketplace boasts an impressive portfolio of over 300 courses spanning a diverse range of fields. From psychology and yoga to quantum physics and sacred geometry. The platform is designed to help individuals gain a deeper understanding of themselves, find their path in life, and explore the structure of the world around them. Courses cover a wide range of topics, including health, psychology, science, meditations, physical practices, and other areas of personal development. No matter what you’re interested in, you’re sure to find something that piques your curiosity and helps you grow as a person.

The platform has a special bot that directs users to the area they need. Through testing, the bot selects the best expert in a particular field and suggests specific courses. According to the educational portal’s statistics, 90% of students stay on the platform and continue to develop with teachers and experts, joining the community.

About the client

If you’re looking to launch a successful IT product or solution, proper legal and financial documentation is essential. Our legal IT consulting services can help ensure the legality of your software functionality, minimize risks, and increase profitability. With our expert guidance, you can navigate the complex legal landscape of various jurisdictions and confidently bring your product to market. Don’t let legal and financial issues hold you back — let us help you achieve your commercial goals and unlock the full potential of your software.

Legal IT consulting
for the educational marketplace

Elena has worked in the field of intellectual property for many years and has over 15 years of legal practice experience in the IT industry. In this article, Elena will share our recent case study on working with an educational marketplace
Head of the Legal Department at Digex Co.
Elena Khomyakova
We often receive requests from clients who need legal documentation prepared for their mobile applications and websites. In this article, I’d like to share a particularly interesting case we recently worked on — a website that offers online courses for education.

Our task was to legally package a website that would allow companies and individuals from all over the world to publish and distribute informative, educational, motivational, and other types of courses and materials. Users could access these resources for a fee or for free. It was a challenging project, but we were excited to take it on and help our client bring their vision to life.

Educational marketplace

When we conduct a survey for a new project, the first thing we do is explore how the website’s functionality is implemented. We ask questions about user registration, personal accounts, data collection, information uploading, payment methods, and more. Of course, the specific questions we ask depend on the situation and the answers to the conceptual issues. We don’t want to overwhelm the client with too many questions, so we typically ask for test access to the site and take a look at what’s been done so far. This allows us to optimize processes and protect the client’s interests while also simplifying the user experience.

In this case, our client planned to rent the ability to sell and buy services on their site, register users, and create personal profiles. They had some difficulties in other areas, so we proposed several rational options and ultimately settled on the model described below.

Conducting the survey

Our client has decided to only allow the buying and selling of services on their site through a license agreement (which grants access to the platform without payment). In addition to the license agreement, we’ve also prepared an agency agreement for service providers. Our client acts as an agent on behalf of the service provider, who is the principal. As the developer and owner of all rights to the platform, our client grants service providers access to potential buyers through the website’s functionality, according to the terms outlined in the agency agreement.

In this case, the principal agrees to pay the agent a fee for their services. It’s important to note that when executing the agreement, the agent acts on behalf of and at the expense of the principal. This is a crucial condition, as it ensures that our client is not obligated or responsible for the transactions between buyers and sellers.

To provide additional quality guarantees for users, our client has taken on the responsibility of conducting payments through the platform. We’ve implemented this process in the following way (from a legal perspective): we developed a pricing policy for service providers, which outlines the types of tariff plans, payment methods, and procedures. The emphasis is on the fact that any funds passing through our client’s account are not considered income and are not subject to taxes.

For service buyers, we prepared payment rules not only to comply with legal requirements but also to make our client’s relationship with their clients as comfortable and transparent as possible while minimizing our client’s risks and clearly delineating responsibility.

Legal and business model of the service

Given that the requirements of legislation in different countries can significantly differ in terms of the content of materials and their legality, as well as the possibility of 18+ content, we’ve taken steps to protect our client’s interests. We’ve provided the option for content removal at the site owner’s initiative, as well as limitations on the site owner’s responsibility for the content of materials, service quality, refunds, and more.

This means that if a service provider posts compromising content, our client has the right to remove it without losing their compensation. If a seller provides services of poor quality or fails to deliver on their promise, the buyer can go directly to the seller with a claim, without involving the site as a mediator. This simplifies communication between all parties involved in the process and helps resolve any issues more efficiently.

Of course, our work did not stop there — we prepared a privacy policy, personal data processing policy, and a consent form for personal data processing for the client’s website. Taking into account the cross-border nature of the project, we followed the requirements of GDPR (General Data Protection Regulation).

We provided a legitimate procedure for approving user agreements and consents, making it legally significant. It looks like this: first, we obtain approval of the user agreement, then the acceptance of the privacy policy, personal data processing policy, and simultaneously obtain consent for personal data processing, and then the acceptance of other agreements, payment rules, etc. — depending on what is required for a specific user.

Minimizing legal and financial risks

Thanks to our expert legal IT consulting services, we were able to deliver a comprehensive package of documents to our client.

This package included the following:

- User agreement with rules for posting, obtaining, and using information;
- Privacy policy;
- Personal data processing policy;
- Consent for personal data processing;
- Agency agreement in the form of a public offer;
- Service agreement between buyers and sellers of services.

Our legal documentation has successfully minimized our client's risks, including liability for illegal processing of personal data, copyright infringement, dissemination of false information, and posting of unfair or false advertising.

We're proud to say that the quality of our work speaks for itself. Despite the project's global scale, complexity, and the inherent challenges of working with sellers and buyers, the platform has been operating successfully for several years without any claims from users or controlling authorities/organizations. This is a testament to our team's expertise and dedication to providing top-quality legal IT consulting services.

Final result

Other cases

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