SaaS Agreements – Legal Requirements – Online SaaS Sales

SaaS suppliers making online sales of SaaS services to business customers in the UK need to ensure that they have the necessary legal documents and information available on their website to comply with English law. Simply having a SaaS agreement online will not cover all legal obligations in the UK when providing SaaS services online. Below is a summary of the documents and information that you should have available on a UK website.

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SaaS Agreements – Website Legal Requirements – for SaaS Suppliers

Below, I have set out the main legal requirements (including some optional recommendations) that you should comply with when operating your website in the UK. Even if you do not sell SaaS products or services online via your website, you will still need to comply with the following English laws when operating a website in the UK.

Mandatory Requirements

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Website Legal Requirements – Tweeting – 5 Legal Offences to Avoid

There have recently been a number of high profile cases on liability for the sending of inappropriate tweets in the UK and the USA.

As tweeting becomes more and more the norm for many businesses it is important to consider the legal consequences of staff sending inappropriate tweets. Before allowing, permitting or encouraging staff to start tweeting on your behalf or with your brand you should consider creating a tweeting policy.

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Website Legal Requirements – Cookies – Updated ICO Guidance

The UK Information Commissioners Office (ICO) will now start to investigate and prosecute companies for breaches of the Privacy and Electronic Communications (Amendment) Regulations. These set out the obligations of website operators to provide users with information about cookies and obtain user consent to the use of cookies. Failure to comply with the rules can result in a fine of up to £500,000.

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Website Legal Requirements – Cookies – New Guidelines

From the 26th of May 2012 the UK Information Commissioners Office (ICO) will start prosecuting companies for breaches of the Privacy and Electronic Communications (Amendment) Regulations. These set out the obligations of website operators to provide users with information about cookies and obtain their consent when using cookies. Failure to comply with the rules can result in a fine of up to £500,000.

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Website Legal Requirements – Online Sales – New Consumer Rights

If you supply goods and services to consumers via the Internet you will need to change your terms and conditions of sale to incorporate the new EU Consumer Rights Directive before the end of 2013. The new directive harmonises consumer rights protection across the EU for all BTC (business to customer) online sales of goods and services. The directive must be implemented into UK law before the end of 2013 (probably in a Consumer Bill of Rights) which will result in the following compulsory rules applying to online sales.

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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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Website Legal Requirements – Cookies and Consent from the 26th of May 2011

As a result of changes to the Privacy and Electronic Communications Directive, it is now unlawful to use cookies to collect user data without first obtaining consent. There is an exception when a cookie is strictly necessary for a service which a user has requested i.e. where a user places an item in an online shopping basket and there is the need to ensure that payment is for the goods actually purchased.

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Bodle Law