Does the European Union (“EU”)’s General Data Protection Regulation (“GDPR”) apply to your contracts’ transfers of Personal Data from the European Economic Area (“EEA”) to a country (such as the... read more →
We just discussed privacy terms in tech contracts, in a free short (28 min.) audio/visual program on LinkedIn. Topics covered included: Terms re moving personal data to the U.S. under... read more →
Do the UK General Data Protection Regulation and Data Protection Act govern your transfers of personal data to the United States? (Or do they apply to your personal data transfers... read more →
Happy New Year! As you plan to expand your tech contracting knowledge in 2022, consider enrolling in Tech Contracts Academy's trainings - which include live Q&A with David Tollen: Tech... read more →
Here are ten issues to consider when addressing data in IT contracts. This issue-spotter serves both customers and providers, though generally the former benefit more from data protection. Type of... read more →
IT providers often add their copyright (DMCA) and privacy policies to their contracts. They incorporate those policies by reference or just promise to comply. That's a mistake. If you're the... read more →
We are excited to launch our inaugural Tech Contracts Master Class™ series on October 5. Join us! And check out our webinars; next one is October 20. What are the... read more →
We recently discussed typical IP issues in tech contracts, live on LinkedIn. If you have a LinkedIn account, you can watch the program, which lasts just 25 minutes ... and... read more →
We’re excited to announce our new Tech Contracts Master Classes™. Tech Contracts Master Classes™ provide an in-depth yet unusually concise, accessible review of all the clauses typically found in information technology... read more →
Today, we updated one of Tech Contract Academy's key sample contract forms: the Hybrid Cloud Agreement with Professional Services. It's available to you, along with the rest of our forms,... read more →
The one hour webinar David Tollen presented on December 3rd is now available online. Click here to access it through our host, The Western Banker's Association. The presentation addresses how... read more →
By Jennifer L. Sheridan, Esq. Use Model Clauses (or EU's standard contractual clauses) for data exporter-data importer transactions, which have been amended to be GDPR compliant As discussed in the last... read more →
By Jennifer L. Sheridan, Esq. My last post on Data Privacy discussed the best practice of adopting a US and EU law compliant privacy policy in the context of BizConnect,... read more →
As most readers know, the California Consumer Privacy Act (CCPA) is poised to change privacy compliance all over the world. Large businesses will face a new set of rules if... read more →
By David W. Tollen Many tech contracts require that one or both parties “comply with applicable law.” Or they require compliance with specific laws, like “all privacy laws and other laws... read more →
By Jennifer L. Sheridan, Esq. In the last post, I introduced BizConnect, a hypothetical startup software company concerned about privacy law compliance. BizConnect is in discussion with several prospective EU customers... read more →
By Jennifer L. Sheridan, Esq. Last month, Facebook’s founder and CEO Mark Zuckerberg testified before the U.S. Senate and House about his company’s data privacy practices. A whistleblower had revealed... read more →
Many software-as-a-service (SaaS) contracts grant a "license" to use the vendor's software. That's a mistake. Licenses are for on-premise software. SaaS is a service, as the name implies, and it... read more →
CIO.com recently published an article by our founder, David Tollen. Please click here.
By David W. Tollen This is the fifth in a series of five posts on Open Source in Software Procurement. Click here for the prior post, and click here for the... read more →
By David W. Tollen This is the second of five posts in a series called Open Source in Software Procurement. Click here for the first/introductory post. Open source software is software... read more →
Contract drafters rarely understand open source software (OSS). They see it as a threat, so when they're buying software, they try to exclude OSS from their vendors' products. In most... read more →
A South Carolina Law Review article cites The Tech Contracts Handbook -- and in fact relies upon it heavily. The article is THE UNDERCOVER DETECTIVE LOOKS AT DATA BREACH CONTRACT CLAUSES:... read more →
by David W. Tollen and Nathan Leong You’re a lawyer looking for online software and other tools to run your firm—tools like email, word processing, calendaring, timenotes, legal research, and... read more →
By Phil Brown and David W. Tollen Lawyers love tradition, but many clients want to communicate with 21st Century tools. Texting, Skyping, SnapChatting: all of these would mystified most lawyers... read more →
We’ve posted a new contract in the forms library — and it’s available in MS Word (no charge, as always). It's meant to serve as a customer's primary contract for... read more →
Capterra's IT Management Blog just published an article by David Tollen: 5 Simple Rules for Negotiating Software and IT Contracts. It's a customer-focused articles, addressing five mistakes customers tend to... read more →
Hours ago, EU and U.S. negotiators agreed on a new framework for data sharing across the Atlantic. It's called the "EU-US Privacy Shield." Cutting to the chase, we should soon... read more →
Managing and sharing big data creates technical challenges unlike anything found in traditional data-sharing relationships. But big data contracts don’t involve a whole new field of legal knowledge. If you’ve... read more →
Here's a good post on transfers of European private data to U.S. computers (from BakerHostetler). Of course, it's in response to the October 6 decision by the E.U.'s Court of... read more →
Most IT contract drafters know the difference between a software license agreement and a technology services contract. In a license, the customer gets rights to copy and use software, while... read more →
When one party has to protect information belonging to the other, we tend to pull out a nondisclosure agreement: an NDA. Or if we don't want a separate NDA, we... read more →
