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Data Processing Agreements: What Every B2B SaaS Company Needs to Know
If your SaaS platform handles personal data on behalf of business customers, you are likely operating as a data processor under the GDPR and a service provider under the CCPA and CPRA. That classification carries a legal requirement: a data processing agreement (DPA) must be in place between you and…
EU AI Act Compliance for SaaS Companies: What Your Terms of Service Must Address in 2026
EU AI Act Compliance for SaaS Companies: What Your Terms of Service Must Address in 2026 The EU AI Act entered into force on August 1, 2024, with its phased implementation timeline now well underway. By 2026, SaaS companies deploying AI systems to users in the European Union are required…
API Terms of Use: What Every Tech Company Needs in a Developer Agreement
API Terms of Use: What Every Tech Company Needs in a Developer Agreement If your company exposes an API, you are giving third-party developers access to your platform, your data, and in many cases your users. Without a proper API terms of use agreement, that access is ungoverned. Developers can…
Clickwrap vs. Browsewrap Agreements: Which One Actually Holds Up in Court?
Clickwrap vs. Browsewrap Agreements: Which One Actually Holds Up in Court? Your website’s terms of service are only useful if a court will enforce them. When a user ignores your terms, files a lawsuit, or disputes a charge, the question your attorney will face is whether those terms were ever…
Trade Secret Protection for Software Companies: When NDA and IP Assignment Clauses Are Not Enough
Most software companies approach trade secret protection by checking two boxes: an NDA with contractors and a standard IP assignment clause in employment agreements. Both are necessary. Neither is sufficient on its own. Companies that have learned this the hard way, through litigation under the Defend Trade Secrets Act or…
IoT Terms of Service: Legal Requirements for Connected Device and Smart Product Businesses
If your business sells or operates connected devices, smart home products, wearables, industrial IoT systems, or any hardware that communicates with a cloud platform, your terms of service face a set of legal requirements that do not apply to pure software companies. The physical nature of your product, the data…
