Don’t blindly accept unlimited liability for breach of nondisclosure terms
This week’s musings on tech contracts … In software contracts, the limit of liability (LoL) almost always comes with exceptions. One of the most common has to do with confidentiality. Liability for breach of the nondisclosure clause has no limit. Why? Most LoLs exclude nondisclosure breaches from the LoL … because that’s what we did […]
Don’t blur the lines between confidentiality and data protection
This week’s musings on tech contracts … IT contracts often include data in the definition of “Confidential Information.” In other words, they use the confidentiality clause to protect “Customer Data” – or whatever else they’re calling the data at issue. That’s not … the worst idea I’ve ever heard. But it leads to some questions. […]
Consequential Damages in IT Contracts (CrowdStrike vs Delta Air Lines)
The very public argument between CrowdStrike and Delta Air Lines offers a window into a topic few understand: the exclusion of consequential damages in typical IT contracts. David Tollen, our founder, explains in this short video. If you’d like to learn more, our Tech Contracts Master Class™ covers consequential damages in detail (course 3, Liability […]
New Training Offerings from Tech Contracts Academy
Tech Contracts Academy is happy to announce new flexible options for enterprises – to train your whole team on contracts for artificial intelligence, SaaS, on-premise software, and IT in general. Please check out our customized programs and other enterprise courses by clicking here. If you have any questions about training options, do not hesitate to reach […]
The Tech Contracts Master Class™ Now Available On-Demand
We’re excited to announce that our popular Tech Contracts Master Class™ is now available as a recorded resource – in our On-Demand library . You get one year’s access, so you can use the program both for training and as a reference guide for future projects. And for a short time, you can buy the Master […]
Tech Contracts Offerings in September with David Tollen
Train with Tech Contracts Academy, and enhance your contracting skills. Next month, we offer a webinar, Top Six Mistakes in Cloud Services Agreements, Including SaaS and AI, and a Tech Contracts Master Class series. All taught by industry expert, author of The Tech Contracts Handbook, David Tollen. Our classes are conveniently available via distance learning, with access to […]
Artificial Intelligence Contracts: An Issue-Spotter – Part 3 of 3
This is the third and last in our series of posts about contracts for purchase and sale of AI with a focus on gen-AI. Click here for the first post in the series and here for the second post. D. Errors in Outputs Errors in Outputs – Provider Disclaimers: Software vendors often warrant or otherwise […]
Magic Tricks or Viable Solutions? EU/UK/U.S. Personal Data Transfers
This just in: The European Union adopted its “adequacy decision” for the European Union-U.S. Data Privacy Framework (“DPF”). The U.S. launched its process by which companies can “self-certify” to the DPF, for personal data transfers from the EEA. Approval is anticipated (but not finalized) for transfers from the UK and Switzerland. But, EU privacy advocates […]
Draft EU “Adequacy Decision” for Data Transfers to U.S. – Now What?
[Things don’t stand still in the world of data privacy. See our update about the EU Adequacy Decision and next steps: https://www.techcontracts.com/2023/07/21/personal-data-transfers-schrems/] There’s been a notable development since our October post (Third Time Lucky? Personal Data Transfers between the U.S., EU, UK). Here’s a quick update. EU On December 13, 2022, the European Commission issued […]
Master Classes in Full Swing; Upcoming Webinar
[Missed the Oct./Nov. 2022 Master Class series? Fear not – you can enroll in our January 2023 series here: https://www.techcontracts.com/product/tech-contracts-master-class-jan-2023/. 2 hours CA CLE available per class, 8 hours for the series]. Registration is still available for our four-part Tech Contracts Master Class™ series (Oct. 26 – Nov. 16) and IT Professional Services Contracts webinar […]