As a result of an amendment to the Privacy and Electronic Communications Regulations 2003 (PECR), from the 25th of May 2011 the Information Commissioner’s Office (ICO) will have the power to impose fines of up to £500,000 on companies, if they send unwanted marketing e-mails or text messages to consumers.
Continue readingYear: 2011
Website Legal Requirements – Ecommerce and Distance Selling Rules
A number of different laws apply to websites, the content on them and online sales which are set out in the Consumer Protection (Distance Selling) Regulations 2005 (as amended) and the E-Commerce Regulations 2002 which have been summarised below.
Company Information
The following information must be made available on your website.
Continue readingSaaS Agreements – SLA – Service Credits
In order to limit your liability for the availability of the SaaS software that you provide to customers under a SaaS agreement you should consider whether or not to offer service credits in your SLA.
Continue readingSaaS Agreements – SLA – Maintenance
From time to time you will need to carry out emergency maintenance to the SaaS software. You should therefore include an emergency maintenance section in your SLA so that you can install emergency patches and repairs on your servers. The maintenance section of your SLA should permit you to carry out emergency maintenance at any time and the obligation to provide the customer with prior notice should be on a best efforts basis.
Continue readingSaaS Agreements – Data Protection – Further Fines by Data Commissioner
On the 8th of February 2011 Ealing and Hounslow Councils were fined £80,000 and £70,000 respectively by the Data Commissioner for serious breaches of the Data Protection Act (DPA) following the theft of two laptops from the house of an employee of Ealing Council.
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