Aligning IT with Business Goals for Improved Performance

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IT Law and Ethics 1
IT LAW AND ETHICS
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IT Law and Ethics 2
ABSTRACT
IT and Law and Ethics topic has drawn attention among the contemporary business. Only
businesses that full integrate IT as an integral part of the strategy can succeed in the
contemporary competitive business environment. However, as business uptake IT into their
strategies, the business must adhere to both IT laws, ethics, corporate governance and corporate
strategies. Without seamless collaboration amongst this four aspects of IT, business may attract
an infinite number of lawsuits, lose customers and even investors. Both corporate governance
and corporate strategy should inform the IT embracing and integration. The business should
ensure that the internal and external employees’ interest are put first when embracing a new
technology to remain sustainable and create competitve edges. To clearly and comprehensively
understand these four key terms, this paper detailed discussions of each of the four aspects of IT
law and ethics to bring the differences.
INTRODUCTION
In this paper, a detailed probe is done on the topic, “IT Law and Ethics” by discussing
difference between law, ethics, corporate governance as well as corporate Strategy based on
various sections. The discussion presented is as follows;
DISCUSSION
Differences between IT Ethics, Law, corporate Governance and Corporate Strategy
Ethics in Information Technology
The ethics requires that IT professionals put the interest of the public above the personal,
business and sectional interests. However, IT professionals are never paid by the public interests
as their work is primarily paid for by the sectional and business interests. The computers and
information systems are utilized everywhere in the society. Novel technologies are imperative
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IT Law and Ethics 3
tools yet they could have severe ethical consequences. The manner in which information
technology (IT) tool impacts sensitive matters has a straight influence on its efficiency;
effectiveness and usability (Rothstein and Knoppers 2016).
It could be challenging for users as well as stakeholders to embrace a computer systems
in case they feel that its utilization violates significant values as well as interests. To take
advantage of the computer tool might never be easy in contexts marred with ethical conflicts.
There remain a significant risk which is expensive yet essential computer system are neglected as
a result of conflicts and scandals (Introna 2005). There is further the risk that ethically
contentious systems are utilized sub-optimally, that individuals could get injured, and that the
companies might be damaged where they vacillate to utilize else significant alongside essential
computer tools (Reynolds 2011).
The ethics in Information Technology aims at constructing tools which can be employed
in the development of systems as well as utilize for consideration of important ethical elements.
The application of relevant ethical tools is the prerequisite to regard substantial elements in all
the stages of the computer system development, implementation and utilization. The ethical tool
are essential not solely to construct the system which evades conflict with important moral
principles but primarily to build the successful system which shall play a substantial role in
gratifying the most significant values of users and stakeholders.
There are a range of ongoing activities that serve to ensure ethical practices in the
Information Technology. The ethical design as well as evaluation is aimed at developing and
implementing the questionnaire for identifying important ethical issues in the system
construction as well as utilization (Peppard and Ward 2016). The computer ethics test focuses on
skills of the system developers as well as utilizers to handle ethical issues or problems. The
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IT Law and Ethics 4
structure of computer ethics test is hinged on psychological theory as well as study on the ability
of the individuals to cope with moral issues (Jones and George 2015).
The training program in computer ethics focuses on the educational methods for
developing higher competence in the computer ethics problem-solving alongside decision
making are constructed as well as tested (Wu, Straub and Liang 2015). Principle of ethical
computers focuses on the investigation of the feasibility of creating a system which is able to
handle moral problems. The assumption is that such a system has to emphasize on the manner in
which individuals handle moral problems as well as stimulate the ethical competence (Goodman
2016).
IT Law
The IT law remains a transactional-oriented practice that speaks to the matters which
emerge when the organization develops, license, acquire as well as sell IT and computer-linked
services and products. Especially, the laws in IT field characteristically advice their clients about
the Intellectual Property (IP), software, licensing, hardware, outsourcing, technology transfer,
consulting services, e-commerce, internet, procurement, joint ventures, telecommunications
alongside strategic alliances, in every case crossways a vast spectrum of the technologies and
industries.
IT like export compliance, data security as well as local and global privacy regulation,
standards and directives. The clients characteristically are the users as well as the providers of
the IT that range from start-up business to large MNCs. The attorneys work in-house counsel as
well as business units for structuring, drafting as well as negotiating agreements that meet the
needs of their clients alongside appropriately speaking to commercial risk. Such agreements
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IT Law and Ethics 5
entail developing, commercializing, and exploiting the IT-oriented assets as well as services and
are characteristically between the providers and users of the IT services and products.
The IT law gives the legal footing for the collection, storage, dissemination of electronic
information in the global marketplace. The lawyers with competence in this field are useful in
structuring IT transactions in a manner which maximized the economic gains of the clients
whereas making sure that regulatory compliance (Bharadwaj, El Sawy, Pavlou and Venkatraman
2013). A substantial deal of stress is further put on the prospective possible foundations of row
between transacting individual, and constructing the agreements which speak to such concerns
hence decreasing the litigation risks.
Where dispute emerge in the field of IT which can never be resolved out of court system,
the lawyer which specialize in such kinds of cases are able to prove the powerful advocate
contrasted with the overall legal practitioner. IT law firms employ attorneys with the real-world
experience that work in this field before joining legal occupation (Schwalbe 2015). The IT law
aims at dealing with various issues including data privacy and security; software licensing issues;
electronic signature laws and IT attorneys. With respect to software and security, business
usually change as well as apprise operating-software in attempts to maintain track with
technologies (Floridi and Taddeo 2014).
Switching software programs could culminate in substantial profitability, yet it could as
well present various legal pitfalls for unwary business managers. Managers and owners that find
themselves presented with the licensing agreement which they don’t fully comprehend must
resist the pressure from sales reps to sign documents with few or no time for significant appraisal
(Galliers and Leidner 2014). Where the vendor places a deadline will be nothing but a high
pressure sales tactic. Where the software fails to meet the business needs, much will be at stake.
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IT Law and Ethics 6
The effective action course is to demand extra time, and recruit an IT lawyers to examine the
contract as well as to highlight the conditions that require negotiation (Haes and Grembergen
2016).
With regards to data security and privacy, a great number of litigation which tales in the
IT leads from the enterprise dwindling to retain client and worker info secure. Being that the info
is stored principally in the digital-format, sensitive info is vulnerable to theft on a big scale in
past. The cyber criminals and hackers routinely target the financial institutions, ordinary business
as well as e-commerce website, occasionally gaining accessibility to 1000s of data of the
customers at once (Heatherly 2016). This could culminate in a range of legal claims, from the
administration execution actions to class actions consumer ligations.
Firms with presence on internet have to act proactively to evade such challenges, IT
lawyers are accessible to the audit security systems as well as policies, and give
recommendations of the required changes (Bilbao-Osorio, Dutta and Lanvin 2013). For success
in the contemporary environment, it is vital to be ahead of the curve as well as ensure digital info
a preference (Van-Grembergen and De-Haes 2017). With regards to electronic signature laws
which is an increasing field of concern for many firms. Electronic signature software like digital
storage has potential to rationalize the operations for business enthusiastic to adopt novel
technology (Quinn 2014).
Simultaneously, the IT laws require the firms to evade compromising sensitive customer
information or sacrilegious the regulation put forward by the government. With regards to the
electronic signature laws, the business owners have to know important legislations including the
Uniform Electronic Transaction Act (UETA), alongside Electronic Signature in Global and
National Commerce Act (ESIGN). Almost all states have embraced UETA in certain kind
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IT Law and Ethics 7
whereas ESIGN remained passed at federal-level (Wilkin, Couchman, Sohal and Zutshi 2016).
Such IT laws together, permit firms to replace old-style paper sign documents with those of
electronic sign. The clienteles might assent to terms of the contracts with a mere mouse click,
fast-moving improvement period for the transactions substantially. Nevertheless, ESIGN and
UETA laws require businesses which utilize electronic signatures to compliance with regulations
and rules linked to client consensus disclosure, document reproduction capabilities and retention
(Van Grembergen and De Haes 2017).
In the UK, the data protection Act (DPA) 1998 is very significant aimed at meeting the
requirements of EU Data Protection Directive 95/46/EC. Albeit the DPA implements the above
directive that is exclusively to privacy the DPA is silent on privacy. The DPA regulates the
personal info processing. It remains vast and applicable to obtaining, holding, utilizing and
disclosing such personal info (Goodman 2016).
Where DPA gratifies the Directive, it will subsequently serve to safeguard the
individual’s right to privacy as at minimum respect of the legislation safeguarding each aspect of
such personal right (Lloyd 2017). In regards to the current IT law in the UK, the law deals with
the collection, storage as well as utilization of such personal date by the online media/service.
Whereas DPA accords particular rights to data subjects over corresponding personal data, such
rights are never absolutely prohibitive to organizations from gathering data relating to them
(Wilkin, Couchman, Sohal and Zutshi 2016).
The personal data collection, storage as well as usage by the online services or media is
allowed, under the DPA’s borders. The IC (Information Commissioner) acknowledged that it is
wicked practice to require a name as well as email from somebody merely to permit such
individuals to see the website (Law, Buhalis and Cobanoglu 2014). Additional info gotten
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IT Law and Ethics 8
regarding data subjects via online services, especially via cookies, is under the regulation of the
Privacy and Electronic Communication (EC Directive) Regulation 2003, as amended that
implemented the European Directives 2002/58/EC alongside the 2009/136/EC into the UK
national law.
Information Technology Corporate Governance
The corporate governance in IT is the part of the entire corporate governance strategy of
the company, its process of implementation, structures as well as relational mechanisms in the
company which allow both IT professional and business to carry out their responsibilities in
supporting business/IT alignment as well as the establishment of the business value from the IT-
enabled investment in business (Diaz and Barocas 2016).
The major goal of corporate governance IT is to make sure that information alongside
technology produces the business value. It also seeks at overseeing the performance of the
management and the mitigation of the risk related to utilizing information and technology. The
corporate governance of the IT focuses on the performance as well as the transformation of IT to
meet the current as well as the future demands of the business (internal) alongside the business
customers (external emphasis).
The corporate governance has turned into being a buzz word in business management
arena. Business owners of all sizes are applying the corporate governance concepts in developing
the strategic plans for the business operations (Drnevich and Croson 2013). Thus the corporate
governance entails the systems as well as procedures that are clearly designed to structure the
authority, balance responsibilities as well as provide the accountability to stakeholder at each
level. Primarily, corporate governance revolves around balancing profitability with sustainability
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IT Law and Ethics 9
and thus any IT that is embraced must all be alive to these facts (De Haes, Van Grembergen and
Debreceny 2013).
Information Technology Corporate Strategy
The IT strategy describes a detailed plan which IT management practitioners utilize in
guiding their organization. The strategy must encompass each facet of technology management;
like costs-, hardware-, software-, human capital, vendor, risk management alongside all
considerations in the IT enterprise environment. The execution of IT strategy needs firm IT
leadership; chief information officer as well as chief technology officer require to work closely
with the business, legal and budget departments alongside other user cohorts within the firm.
The IT strategy has to be made strategic since it is vital but never neutral. The IT is an
enabler which assists the organization to accomplish their business because it is a leading
propellant of the corporate growth for business that embrace IT as an integral part of strategy and
not shoved aside as the back-office function (Bayer, Santelli and Klitzman 2015).
The organization must unleash to the full potential of IT systems for business success.
The IT has to be integrated in the strategic management of the firm and it should be alive to all
the stakeholders of the business or the organization. The business must ensure that external
stakeholders including external stakeholders, internal stakeholders, accountability as well as
corporate social responsibility. The IT adopted in the organization must be sustainable business.
CONCLUSION
To this end, the paper has comprehensively discussed the difference in IT ethics,
corporate governance, law and corporate strategy. Each of these aspects of IT have been
discussed in a separate subsection and detailed information presented the can inform a deeper
understanding of the topic, IT ethics and law”.
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IT Law and Ethics 10
BIBLIOGRAPHY
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IT Law and Ethics 11
Haes, S.D. and Grembergen, W.V., 2016. Enterprise Governance of Information Technology:
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