Negotiating SaaS Agreements: Key Contract Provisions and Protections
Data Ownership, Access, and Security; Service Level Agreements; Limitations and Warranties; Indemnification
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will discuss the latest trends in drafting and negotiating Software as a Service (SaaS) agreements. The panel will discuss critical issues to address in negotiations and contract provisions and offer strategies to avoid common contracting pitfalls.
- Drafting and negotiating critical provisions in the SaaS agreement
- Ownership of data
- Access to data
- Data security
- Service level agreement
- Limitations and warranties
- Other significant provisions
- Recent legal developments and business trends impacting SaaS agreements
The panel will review these and other high priority issues:
- What are the primary distinctions between on-site and provider-hosted software? Why does it matter from a legal standpoint?
- How can concerns about data privacy, security, access, integrity, and recovery be addressed in the SaaS contract?
- What are some best practices for drafting SaaS agreements to ensure that SaaS services will continue to be available and supported?
Beth A. Fulkerson
Culhane Meadows Haughian & Walsh
Ms. Fulkerson’s career has closely followed the development of the internet – from deciding which... | Read More
Ms. Fulkerson’s career has closely followed the development of the internet – from deciding which traditional media laws applied to the first major e-commerce website launch to explaining to congressmen why her client’s website has so many trackers. Ms. Fulkerson’s experience includes advising and assisting clients in all aspects of website and product launches, including name selection, consumer privacy disclosures, PCI compliance and copyright licensing. Having managed various crises as in-house counsel, she enjoys training employees to prevent the next crisis. Recent work includes providing advice regarding privacy issues with connected devices (IoT or Internet of things), ownership of content published in private social media networks, and sharing of film shot from traffic helicopters.Close
Senior Attorney, Director U.S. Health
Mr. Leong is a technology attorney and leads the legal and government affairs team for Microsoft U.S. Health & Life... | Read More
Mr. Leong is a technology attorney and leads the legal and government affairs team for Microsoft U.S. Health & Life Sciences on a variety of matters including complex cloud and AI transactions, regulatory policy and compliance, and overall legal strategy and execution. He speaks and writes regularly on technology innovation, cloud and AI, data protection, and digital health. Nathan is a 2018 LCLD Fellow, co-chairs NAPABA’s health law committee, and serves on the board of the AABA-Chicago Law Foundation.Close
David W. Tollen
Mr. Tollen is the author of the American Bar Association’s bestselling manual on technology contracts, The Tech... | Read More
Mr. Tollen is the author of the American Bar Association’s bestselling manual on technology contracts, The Tech Contracts Handbook. He teaches IT contract negotiation and drafting at UC Berkeley Law School. In his practice, Mr. Tollen represents buyers and sellers in cloud computing, big data, and software licensing agreements, and he provides advice related to privacy, e-commerce, and IP rights in software. Mr. Tollen also serves as an expert witness in litigation about IT contracts. Finally, he provides professional training on drafting and negotiating technology contracts, through his other company, Tech Contracts Academy.Close