If your website uses Google analytics and you provide SaaS services to customers based in Germany you are now required to provide specific information to users in order to comply with recent changes to German data protection law. Google Analytics and German Data Protection Google analytics collects statistics about website users by „tracking” an individual’s use of a website. This information is then made available to website operators free of charge. Following an agreement between Google and the German data protection authorities it is now the responsibility of the operators
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SaaS and the legal cloud made simple
SaaS Agreements – SLA – Data Backup
When providing SaaS services you must specify in your SaaS agreement who is responsible for the backup/loss of customer data. The extent of your backup duties should be included in the service level agreement (SLA) and these will be dependent on a number of factors set out below.
Continue readingSaaS Agreements – SLA – Security Issues
As a SaaS supplier you will have noticed the increasing concerns about security voiced by SaaS customers. Your SaaS agreement should provide comfort to your customer by including security provisions in the service level agreement (SLA). The specifc matters covered will depend on a number of factors set out below.
Continue readingSaaS Agreements – Entire Agreement Clauses
In the recent Court of Appeal decision Axa Sun Life Services Plc v Campbell Martin Ltd an entire agreement clause did not exclude liability for pre-contractual misrepresentations although the clause was reasonable under the Unfair Contract Terms Act (UCTA).
Continue readingSaaS Agreements – E-Discovery
As a SaaS supplier you may be ordered by a court as part of a litigation process to identify and disclose physical documents and electronically stored information (e-discovery). This creates problems for SaaS suppliers on a number of levels.
Continue readingSaaS Agreements – Jurisdiction – Information made Available on the Internet
The Court of Appeal has asked the European Court of Justice (ECJ) to determine where publication takes place when information is made available via the internet in relation to a claim for breach of database rights in the UK.
Continue readingSaaS Agreements – SLA – Error Fix Times
There are no standard fix times for remedying software errors, problems and bugs in a SaaS agreement. Fix times need to be tailored to the services being provided and should be set out in the service level agreement (SLA). The following factors need to be considered when SaaS suppliers establish fix times in their SaaS agreement.
Continue readingSaaS Agreements – Data Protection – Binding Corporate Rules
What are Binding Corporate Rules?
BCR’s are a set of rules adopted within a particular company or corporate group that provide legally binding protections for data processing within the company or group to cover global data transfers.
Continue readingWebsite Legal Requirements – Data Commissioner Fines for Unsolicited E-mails
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 readingWebsite 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.
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