SaaS Agreements – Need for an Escrow Agreement

Having an escrow agreement in place protects all parties involved in the development, supply and use of business critical SaaS applications. It provides customers with peace of mind for securing long-term availability of a critical SaaS application by enabling customers to update software and fix any bugs even if the supplier is no longer able to support them.

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Website Legal Requirements – Cookies and Consent Policies

As a result of changes to the EU Privacy and Electronic Communications Directive, it is now unlawful to use cookies to collect user data without first obtaining explicit consent. Accordingly, the Information Commissioner’s Office (ICO), which is responsible for ensuring that websites comply with the new cookie law, has implemented a technical solution on its own website with the result that traffic to it plummeted.

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SaaS Agreements – Data Protection – Patriot Act

Under the provisions of the US Patriot Act the personal data of SaaS customers based in the EU could be shared with US law enforcers without the customer being informed, although this conflicts with EU data protection laws. This Act applies not just to SaaS suppliers owned by a US company but any SaaS suppliers using the services of a US subsidiary for data processing or a US data centre.

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