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 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 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.
Continue readingCloud based Software, Cloud based Technologies, Cloud based Services
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 readingSaaS, ASP Agreements – Transfer of Personal Data outside of the EEA
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 readingSaaS, ASP Agreements – FAQs – Confidential Information
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.
SaaS, ASP Agreements – FAQs – Data Protection
Data protection issues must be adequately covered in any SaaS agreement to protect both the supplier and the customer. Data Protection Act 1998. The Act applies to the processing of personal data, for example name/email addresses, dates of birth, national insurance number of any living individual.
Continue readingSaaS Agreements – Essential Elements
The following legal issues should be included in any ASP or SaaS agreement, whether you are a SaaS supplier or a SaaS customer.
Continue readingWebsite Legal Requirements – Ecommerce
About Us/Contact Information. You must provide the following information in an easily accessible position on your web site:
* your legal name i.e. XYZ Ltd
* your geographical address
* contact details i.e. telephone number, fax number and email address
* which country your business is registered in and the registration number
* details of any supervisory body which regulates your business i.e. the FSA. For regulated bodies more detailed information is required.
* where you are registered for VAT and your VAT number
* clear details of prices and whether or not delivery and/or tax is included