Data Privacy Best Practice #3: Use GDPR-Compliant Model Clauses
[Things don’t stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky? Personal Data Transfers between the U.S., EU, UK; Draft EU […]
#2 Data Privacy Best Practice: Self-Certify Compliance with the Privacy Shield
[Things don’t stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/, Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky? Personal Data Transfers between the U.S., EU, UK; Draft EU “Adequacy Decision” […]
Should Your Contract Promise that You Will Obey the Law?
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 governing the handling of Project Data.” Should you make that promise? What’s Wrong with Promising to Obey Applicable Law? You might think that that the […]
#1 Data Privacy Best Practice: Adopt a Compliant Privacy Policy
[Things don’t stand still in the world of data privacy. Check out our updates: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/; Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky? Personal Data Transfers between the U.S., EU, UK; Draft EU “Adequacy […]
Spotlight on Privacy Law: What Are Your Responsibilities?
[Things don’t stand still in the world of data privacy. Check out our short updates: Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky? Personal Data Transfers between the U.S., EU, UK; Draft EU […]
Don’t Use License Agreements for Software-as-a-Service
Many software-as-a-service (SaaS) contracts grant a “license” to use the vendor’s software. That’s a mistake. Licenses authorize making copies of on-premise software. SaaS isn’t copied, so it doesn’t need a license. And if you’re the vendor, a license can hurt you. SaaS Customers Don’t Copy Software The confusion stems from the role of “software” in […]
Protecting Your Data in Enterprise Cloud Computing Agreements
CIO.com recently published an article by our founder, David Tollen. Please click here.
Open Source in Software Procurement – 5. Data Security
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 intro, which lists all five topics. Many licensees worry about the security of open source software. Does OSS in vendor products have vulnerabilities hackers can […]
Open Source in Software Procurement – 2. When It Matters
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 licensed (a) with its source code included and (b) with the right to modify and redistribute. What’s wrong with that? Nothing. Concerns about OSS arise […]
Open Source in Software Procurement – 1. Intro
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 cases, the concern is misplaced. Software licensees may have good reason to worry about copyleft software, which is one type of OSS. But other open source […]