New SaaS Agreement Sample Form

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, at the Contracts Page. This is the first update based on best practices and changes featured in the third edition of David Tollen’s book, The […]

Western Banker’s Association Webinar – Recording Now Available

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 banks and other tech buyers can get the best terms for cloud computing contracts. It covers key issues at stake in SaaS and other cloud […]

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Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky?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Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky?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Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky?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 […]

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 […]

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