Blogs

GDPR, sub-processors and authorisations

Article 28(2) GDPR provides that a processor of personal data "shall not engage another processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes."

This provisions is puzzling in (at least) two respects.

Article 28 of the GDPR: problems for processors

The GDPR*, which will come into force on 25 May 2018, represents a major evolution in EU data protection law. Data subjects' rights are strengthened across the board, with a concomitant toughening of obligations for data controllers and data processors.

In this post, I look in detail at three problems for cloud services providers arising out of Article 28 of the GDPR, which is concerned with data processors. Article 28 sets out in considerable detail how the contractual relationships between data controllers and data processors should be framed. In amongst that detail, there are some severe problems.

Consumer Rights Act 2015: updated contracts

The Consumer Rights Act 2015 comes into force on 1 October 2015. The Act has far-reaching implications for business providing goods, services and digital content to consumers. I've just finished updating the templates on www.website-contracts.co.uk to take account of the new rules. The updated documents are listed below.

SaaS reseller agreements revisited

Back in October 2012 I wrote this post on the different relationship models that may be used in software-as-a-service (SaaS) channel partner agreements. To my surprise, the post provoked quite some interest. Since 2012, I've drafted and negotiated many more such agreements. Nonetheless, I still find that SaaS reseller agreements can be tricky; and if the initial approach isn't right, you can waste a lot of drafting and negotiation time.

Legal document generator

EDIT: the first version of the software is now available (including lots of free documents) here: https://docular.net.

I've been working for the past 2 years on a web-based software system to store contract text and legal drafting knowledge in a modular fashion, and to make the production of legal templates and documents based on that text and knowledge as efficient as possible. The system automates everything that can be automated in the document production process.

Software support SLAs

Written contracts covering the provision of software support services often incorporate some kind of service level agreement, or SLA for short. If you have been tasked with preparing or negotiating a software support SLA, and are looking for some guidance, this post should help you.

SLAs may cover more than just software support services. For example, where hosting, hosted services and/or software maintenance are being provided, an SLA may also cover aspects of those services. For the purposes of this post, however, I look only at support services.

End user licensing: approaches to creating enforceable rights

The term EULA is widely abused: I've just finished a telephone conference where it was applied, by someone who should know better, to a proposed contract covering not only licensed software but also hosted software services, consultancy, support and much else besides. I therefore want to clarify what I mean by EULA and "end user".

Consumer contracts regulations: sample clauses

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 are coming into force next week. They include a detailed list of information that a trader must provide to a consumer in situations where the Regulations apply. Should you use the model instructions on cancellation to help you comply with this requirement, or should you draft special legal clauses for your contracts?

The list of information that must be supplied is set out in Schedule 2, and includes the following items:

New distance selling laws: 8 key compliance points

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply special rules to B2C distance contracts entered into via a website, as well as certain other contracts (not discussed here).

The Regulations, effective on 13 June 2014, replace the Consumer Protection (Distance Selling) Regulations 2000. See:

http://www.legislation.gov.uk/uksi/2013/3134/contents/made

Online advice: worth the risks?

Whether you are purchasing legal forms and templates, seeking a medical diagnosis, getting insider information when choosing a school or university, or soliciting the opinions of product aficionados on a prospective purchase, there are many ways to get guidance and advice online - but what are the risks for those providing this guidance and advice?

Pages

Contact details

SEQ Legal LLP
Howbery Park, Wallingford
Oxfordshire OX10 8BA, UK
Tel: +44(0)1491 821123

English law

Unless otherwise stated, the information and resources on this website relate to English law.

Web cookies

By using our website, you agree to our use of web cookies. See our privacy policy for details.

Our ecommerce websites

docular.net

www.website-contracts.co.uk

www.contractology.com

Copyright © 2007-2017 SEQ Legal LLP.