Why would you put a DMCA or privacy policy in your contract?
This week’s musings on tech contracts… A lot of companies add their DMCA* and privacy policies to their contracts. They link those policies and add language incorporating them by reference. That’s a mistake. Your policies are not contracts, and you gain nothing by incorporating them. In fact, you pay a price. Privacy Policy A privacy […]
Don’t include a DMCA or privacy policy in your contract
This post has been superseded by a new version. Please click here. 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 provider, you gain nothing by incorporating your policies. In fact, you pay a […]
New Clause Library!
We’re excited to announce that we’ve posted a complete new library of clauses here at TechContracts.com. ABA Publishing is about to release the 3rd edition of my book, The Tech Contracts Handbook, and the new clauses match those in the new edition. (The prior clause library matched the 2nd edition.) The new clauses included terms […]
#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Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky?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” […]
#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Spring Cleaning: Fix Contract Terms for Data Transfers From The UK; The Clock is Ticking: Are Your Contract Terms Out-of-Date for Transfers of Personal Data Subject to the GDPR?; Third Time Lucky?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 […]
Don’t Use Nondisclosure Terms for Private or Electronic Data — Use Data Security Terms
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 add the NDA’s key provisions to our tech contract as a confidentiality or nondisclosure clause. That makes sense if we’re trying to protect trade secrets […]