If things go wrong, your data is lost and your customers start to move to your competitors – making a claim for breach of contract will not repair the damage already sustained to your finances and business reputation. These issues should be dealt with upfront, as part of the commercial negotiation process, with the assistance of an experienced specialist SaaS lawyer. Thereby your interests can be adequately covered to minimise the risks of the above scenario occurring.Continue reading
What is Cloud Computing
Cloud computing is a new and rapidly expanding delivery model, often used to supply IT services to customers via the Internet. Cloud computing involves the sharing of resources, software and information on the Internet for users to use on their computers and other devices, on-demand.Continue reading
What issues need to be considered in choosing and managing a company’s trademarks? Registration Focus on the company name or products. Marketing should decide which trademarks to register. Consider registering products names in local markets. If companies are acquired, consider registering trademarks for new products or company names if noContinue reading
What issues need to be considered in choosing and managing a company’s domain names?
Which Name to Register
* Focus on the company name worldwide.
* Marketing should decide on which domain names to register, bearing in mind which trade marks the company has registered.
* If companies are acquired, consider registering domain names if none are already registered.
* Carry out a domain name search at www.nic.com before trying to register new domain names.
* All domain names should be registered and owned centrally by one company (a holding company).Continue reading
There are no restrictions on transferring personal data within the EEA. However, due to the global nature of SaaS or ASP agreements personal data often needs to be transferred outside of the EEA, for example to an IT outsourcing provider in India, a subsidiary of your company in China or a data centre or software development centre in Vietnam.Continue reading
In order to register a community trademark an application must be made to OHIM in Spain.The application can be made in English or any other EU language and OHIM will translate the application into a second EU language of your choice. One registration will cover the registration of the trademark in all 27 EU member states.Continue reading
Human resources (HR) departments are increasingly turning to SaaS or ASP agreements for their recruitment and talent management needs. Often referred to as software as a service, SaaS or on demand services many suppliers are now providing SaaS solutions specifically designed to assist employers with their HCM (human capital management), ATS (applicant tracking systems) and e-recruitment requirements.Continue reading
What disaster recovery provisions need to be included in a SaaS agreement?Continue reading
What confidentiality provisions need to be included in a SaaS agreement?Define Confidential Information.
Parties will obtain and have access to the business critical information of each other as a result of entering into a SaaS Agreement. For example, they may have access to customer lists, banking information, IPR, source code and object code or business secrets and processes. Confidential information should be defined in the SaaS agreement to make clear what is, and what is not, confidential. Do not simply refer to documents which are “marked as confidential” or “which should be treated as confidential”. Not all confidential information exists in a physical format, particularly in a SaaS scenario – so do not restrict your definition to just documents.