What does California’s new privacy law mean for companies and consumers?
When California Assembly Bill 375 (AB 375), also known as the California Consumer Privacy Act, goes into effect in 2020, companies stand to face the...more
In the typical SaaS scenario, the SaaS vendor provides, maintains, and hosts (either itself or through a hosting SaaS vendor) the desired application layer, and grants the customer and its authorized users access to the...more
Cybersecurity remains at the top of the list of risk concerns when organizations outsource IT and other functions leveraging cloud-based solutions. While there are no guaranteed methods to fully eradicate cybersecurity risks,...more
Just when we finally figured out how to contract for “cloud” services and SaaS, here comes blockchain—the next disruptor for IT, businesses and, yes, us lawyers....more
When a company outsources, it is looking to engage a third party to provide a service—not to assume risks with respect to the third party’s personnel. In fact, a key concern of a company looking to outsource is that it does...more
Many companies are actively exploring how to better use, commercialize, and productize (make into a standalone product) the data that they collect or is collected on their behalf. A gating issue for these companies is...more
Picking up where we left off, below is the remainder of our quick checklist of issues that customers should consider in any software licensing agreement. Today’s items include more traditional legal issues to add to those...more
Everybody does it. We may say that we only use the “customer’s paper” when contracting, but we know that is often not the case when entering into licenses for commercially available, off-the-shelf (COTS) software products....more
The Internet of Things (IoT) promises a societal transformation based on a virtuous circle of constantly improving connectivity, integration, data, intelligence, and automation. One important element of this transformation is...more
The US Senate Commerce Committee recently advanced a bill, titled the MAIN STREET Cybersecurity Act of 2017 (the Bill), under which the National Institute of Standards and Technology (NIST) would disseminate “clear and...more
Geotargeting—delivering content to users based on their geographic location—has become a popular and effective marketing tool. Yet proper implementation may be more nuanced than originally contemplated because certain...more
A seismic shift is afoot in the intelligence, complexity, and interconnectedness of everyday products, and the flimsy foundation of customer assent to standard terms will continue to crack, if not collapse. We recently noted...more
We get it. You sell widgets. You’ve always sold widgets. Your time-tested terms of sale/purchase have served you faithfully through product, industry, and economic cycles. You don’t sell apps or clouds, so why should this...more
The Bill’s provisions on international data transfers are most relevant to foreign companies that do business in Brazil.
The Brazilian government has issued a Bill for the Protection of Personal Data (Bill) for public...more
President Obama’s new proposed Personal Data Notification and Protection Act provides a national standard for companies responding to security breaches....more
The new law sets up one of the most robust data protection regimes in the United States and is relevant to any business that collects personal information nationwide....more