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.
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SaaS 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, ASP Agreements – Data Protection Issues with Sub-contractors – Standard Contractual Clauses
Using a sub-contractor to process your SaaS customer data is a problem under data protection law, where the sub-processor is based outside of the European Economic Area (EEA). Incorporating EU standard contractual clauses into your SaaS agreement is NOT the solution to this common problem. EU Standard Contractual Clauses Under data protection law personal data may only be transferred to countries outside of the EEA where there is adequate protection. In order to deal with the problem of transfers of personal data from a customer (data controller) in the EEA
Continue readingSaaS Agreements – SLAs – Essential Elements
Customers thinking of purchasing software delivered via the Internet (SAAS) are often unaware of what terms should be included. Jargon in the SLA can seem like a foreign language. Customers often tend to simply accept the SLA provided by the supplier, rather than struggle to understand it.
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