Do you need to find are you looking for the best, leading, top client rated SaaS attorneys, lawyers and law firms representing vendors, providers, end-users and enterprise companies using SaaS services and applications located in the United States? Andrew S. Bosin is a leading SaaS lawyer located in New Jersey outside of New York City who owns and manages his own top rated SaaS law firm representing SaaS companies and drafting smart SaaS contracts and agreements for a flat fixed legal fee. Andrew represents clients all across the United States, Europe, EU, London, UK, Amsterdam and India. Andrew helps and assists SaaS clients structure and manage the legal risks and liabilities of Cloud computing and software as a service (SaaS) business deals globally, internationally and in the US.
Andrew represents clients in New Jersey, New York, Buffalo, Queens, Manhattan, New York City, Westchester County, Albany, Syracuse, Suffolk County, Nassau County, Boston, Hartford, Providence, Connecticut, Atlanta, Chicago, Washington D.C., Dallas, Florida, Ohio, California, Austin, Texas, Maryland, North Carolina, Massachusetts, Colorado, Utah, Oregon, San Antonio, Austin, San Diego, Los Angeles, Silicon Valley, San Francisco, Houston, Salt Lake City, Provo, Portland, San Jose, Miami, Tampa, St. Petersburg, Ft. Lauderdale, West Palm Beach, Broward County, Dade County, Phoenix, Denver, Boulder, Nashville, Memphis, Kansas City, Raleigh, Charlotte, Indianapolis, Boise, Eugene, Manchester, Burlington, Philadelphia, Pittsburgh, Pennsylvania, Vermont, Rhode Island, Boca Raton, Arlington, Virginia, Alexandria, Virginia, Reston, McLean, Cambridge, Quincy, Riverside, San Bernadino, Minneapolis, St. Louis, Cleveland, Columbus, Baltimore, Sacramento, Cincinnati, Orlando, Las Vegas, Round Rock, San Marcos, Louisville, Richmond, Tempe, Southbend, Bloomington, Knoxville, Oxford, Tuscon, Long Beach, Ames, Ft. Collins, Lawrence, Blacksburg, Charlottesville, Champaign, Oklahoma City, Birmingham, Salt Lake City, Baltimore, Mobile, Alabama, Utah, Washington, Seattle, Oregon, Portland, Eugene, Sacramento, Pittsburgh, Wake County, King County, Redmond, Kirkland, Bellevue, San Mateo County, Contra Costa County, Cupertino, Los Gatos, Sunnyvale, Mecklenburg County, Jacksonville, Gainesville, Boynton Beach, Orange County, Palo Alto, Harris County, Waco, Columbia, Missouri, Tarrant County, Bucks County, Lehigh County, Bethlehem, Pennsylvania, Burlington, Portland, Maine, Manchester, Concord, Nashua, Cambridge, London, Paris, UK, England, Dublin, Scotland, Edinborough, Amsterdam, Germany, Munich, Berlin, Madrid, EU, European Union, Spain, Austria, Vienna, Canadian, Canada, Toronto, Ontario, Quebec, Montreal, Ottawa, Quebec City, Vancouver, British Columbia, Regina, Edmonton, Alberta, Calgary, Mexico City, Iceland, Stockholm, Helsinki, Oslo, Barcelona, Zurich, Bern, Geneva, Brussels, Copenhagen, Tel Aviv, Herzliya, Haifa, Israel, Turkey, Luxembourg City, Latvia, Riga, Estonia, Denmark, Poland, Warsaw, Lithuania, Budapest, Croatia, Australia, Australian, Sydney, Melbourne, Canberra, Perth, India, Bangalore, Singapore, Tokyo and Hong Kong.
As a SaaS, cloud & Internet of Things attorney Andrew has substantial experience in negotiating & drafting SaaS agreements, SaaS contracts, SaaS subscription agreements, SaaS Enterprise Customer Service Agreements and Contracts, SaaS licensing agreements, Software as a Service cloud managed services agreements & contracts, re-seller agreements, service level agreements, limitations of liability, exclusions of warranties, acceptable use policies, IT agreements, website terms of use, terms and conditions & privacy policies, licensing agreements, EU data processing agreements protecting personal data under the GDPR, European SaaS subscription agreements & software application development agreements.
Andrew charges and bills well priced, reasonable, inexpensive, affordable, low cost flat rate fixed legal attorneys fees packages costs in exchange for the client getting high quality, efficient, transparent and value added SaaS legal advice and services. The bottom line is that Andrew has the ability to offer creative and flexible SaaS legal billing arrangements, packages and options to fit the budgetary needs of clients of all sizes whether bootstrapped or mature.
Andrew has vast experience focusing on IT/software and related transactions from traditional software licensing products to enterprise level cloud SaaS and managed services transactions. Andrew also helps traditional enterprise software companies make the shift & transition from products to a cloud first services model. He also negotiates SaaS cloud services managed agreements between new SaaS companies and Fortune 500 companies.
While Software as a Service SaaS Cloud based applications have simplified enterprise software in many ways, there are still some important things, language, terms and clauses to consider including and suggesting when negotiating your SaaS Cloud-Based Software Contracts Agreements with a vendor or provider.
Probably the hottest area of SaaS legal discussion is in data protection, security and privacy. The biggest difference I see in negotiating both SaaS and Software Licensing Agreements is in this very area of data security protection and privacy. With the licensing of software typically the software is put on a company’s servers and employees/users gain access to the software locally in that manner. With software licensing the customer is not transmitting confidential sensitive company data or employee personally identifiable information (PII) through the cloud where there is the possibility of that information being stolen, hacked or compromised by a data or security breach. So typically, there is not much language in software licensing agreements about data security and protection other than the standard paragraphs that each party has confidential information which must not be disclosed by either party without their consent.
On the flip side, with SaaS, a client gains access to the application via the cloud to the Provider’s servers which is typically then served and hosted by a large managed cloud provider. With SaaS, there are potential liabilities with regard to loss or theft of data for both the vendor and customer.
Take content and data for example. Typically, the SaaS customer is using and accessing the application and transmitting tons of data to the service. But what if some of this data does not belong to the customer? What if the customer has stolen or misappropriated this data from a competitor and it is using the SaaS Provider’s Services as a means to gain a competitive advantage in the marketplace. Chances are if the party whose valuable data was stolen by the SaaS customer learns of the corporate espionage it is going to sue the SaaS vendor. This is why when I counsel SaaS vendors I recommend putting language in customer agreements whereby the customer agrees to indemnify and hold harmless the SaaS Provider if a third party alleges that the data infringes upon the rights of that third party.
Another area which does not seem to get much attention deals with intellectual property protection and one that I am keenly aware of because I also own a SaaS company. Many SaaS applications today have a back end which allows the end user or customer to develop or create works for hire. It might be a slight variation of the application that enables the customer to tweak the software to better fit or suit the customer’s needs. What if the customer created something that was unique to their brand or the vertical they compete in that gives them a competitive advantage. For example, what if the application enabled customers to make their site look and feel like their brand so their customers would have no idea that they were still accessing cloud based third party software.
If the SaaS vendor fails to put language in the Agreement stating that all of the creative works for hire belong to the SaaS vendor from an intellectual property standpoint when the contract is terminated the customer might take the position that they own this IP. Truly, this is a grey area in a contract because customers are typically getting a subscription to use the SaaS services that is revocable and the customer owns no IP. One of the first questions I ask new SaaS vendor clients is can customers create derivative works for hire from the application?
Another area to be negotiated in a SaaS Agreement is a guarantee by the Provider in the form of a Service Level Agreement or better known as an SLA. This is a guarantee from the SaaS provider that the services will be up and running for a minimum amount of time say 99.9% of the time. Some SaaS providers do not give a copy of their SLA’s to customers but rather maintain them internally. As a customer, you should insist on getting a copy of your SaaS provider’s Service Level Agreement.
When does an indemnity provisions clause belong in a Software as a Service SaaS Cloud Contract Agreement? The skill is having the expertise and ability in negotiating an indemnification clause in a SaaS Contract negotiation that limits liability and damages and exposure for the Vendor or indemnifies the customer for every possible event that could wrong from a data security breach, cyberattack or loss of confidential information and data.
Evaluating Service, Security, Capabilities & Vulnerabilities of SaaS Software Cloud Service Providers
A SaaS agreement governs the sale of software-as-a-service (SaaS) to customers by means of the internet. Providers are moving away from license based agreements to subscription agreements which offer clients access to their services in the cloud based on a subscription. The agreement should cover, amongst other things, the customer’s rights to use the services and the limitations upon that usage. The SaaS agreement should be able to be downloaded or access.
What should SaaS Software Cloud Services Vendors do to take security seriously and put controls, processes and procedures in place to protect sensitive customer data and manage liabilities and risk? Are you a SaaS Application Provider entering into contracts and agreements with customers and end-users but have failed to put in place an effective data security privacy protection policy, plan, procedures or guidelines? Are you a customer doing your due diligence and making sure that your company’s confidential information and data will be adequately protected by a certain SaaS vendor? What are your capabilities as a SaaS vendor for protecting confidential highly sensitive customer data and information?
Failing to ensure that the appropriate security protection is in effect and in place when using cloud services could ultimately cause higher business and insurance costs and the potential loss of business. In furtherance of using a SaaS cloud computing service, customers must understand clearly what the possible security benefits and risks are that come with using a certain cloud computing application, and have a firm grasp of what security protections or plans if any, their cloud provider has put in place to protect their confidential data and/or information. For each different type of service, Infrastructure as a Service (IaaS), Platform as a Service (PaaS), and Software as a Service (SaaS) there might be different security requirements and responsibilities.
SaaS service providers [whether they serve and host the application or outsource it to a third party managed cloud provider] should do a host of things to make sure that whatever data or sensitive information is being gathered and stored in the cloud for their clients is secure.
- If you are outsourcing the hosting and serving of your company’s SaaS Cloud Application to a third party managed cloud provider you need to carefully read and analyze the agreement you will execute with the cloud provider to see what type of liability the managed cloud provider will accept and how much it will pay in damages in the event the cloud provider causes a breach which results in a loss or compromise of client data and in turn the client sues your company for negligence.
- Internally, your company should limit access to your cloud application to authorized personnel only. I would classify employees that have access to the provider’s application as “authorized employees.” These are employees who have a need to know or otherwise can access customer data or personally identifiable information (PII) to allow the SaaS Service Provider Vendor to perform its obligations under this Agreement. These individuals should also sign non-disclosure agreements prohibiting the unauthorized transfer and sale of customer user data and (PII). PII could have a broad meaning to both vendor and customer so its a good idea to list or define the types of PII that should be protected from disclosure to unauthorized employees and third parties.
- You should perform criminal background checks if legal in your state before employees are exposed to sensitive customer data or financial information.
- You should provide Corporate Security Awareness Training to employees so everyone has a heightened sense of purpose regarding customer data protection and security.
- I would put together a Security and Risk Management Team of highly qualified individuals to manage security risk.
- Incident Response Plan – What if there is a data breach or a cyber-attack? Your company should have a plan in place which details what actions you are going to take in the event disaster strikes. To this effect, how are you going to notify customers of a data breach or disaster?
- Data Recovery and/or Disaster Plan – Do you or your managed cloud provider have a disaster plan in place? Do you or your SaaS managed cloud provider utilize redundant and fault tolerant systems to ensure maximum up time and recover quickly from disasters. Customers are going to want to know how long it will take to retrieve their data and if it has been lost or compromised.
- Your company should have an effective Information Security Policy in place which needs to be assessed and updated if need be annually.
- Your company needs to have an effective Privacy Policy [most are found on the bottom of the home page of company websites visible to the public] so customers understand how your company collects, uses and shares customer information.
- Does your company perform web application testing to determine if there are any security issues or vulnerabilities that need to be fixed?
- Employees should be required to sign a document acknowledging they have received a copy of the company’s Security Policy.
- You should think about putting in place a Change Control Process to make sure that changes to the software and hardware IT infrastructure don’t severely impact production systems.
- Are the vendors certified that will be managing your cloud services? Certification means that the vendor takes security seriously.
- Are your customers’ users required to enter a password that is authenticated before permitting a user to gain access to the SaaS application and/or services.
- Does your managed cloud provider offer or use encryption for the data that is being stored?
- Who has access to sensitive customer data and how is it being stored? This sensitive information should be stored in a secure, redundant, highly available database system with access restricted to employees and personnel that are members of a contained group.
- If you are the SaaS vendor who in your company has access to sensitive client/customer information? You want to make sure your company can access the files but not view them. Make sure that only a select few number of employees can have access to and view sensitive customer data.
- You should become familiar with how hard drives which are old and no longer functional are destroyed. You should ask your managed cloud provider if old disk drives are destroyed on premises by a third party vendor.
- Are you offering customers any type of encryption for data transfers?
- Are customer files or data being backed up to a second storage system in the event disaster strikes?
This above list is not dispositive or everything a SaaS vendor should do to take security seriously and put controls, processes and procedures in place to protect sensitive customer data. With that said, do yourself a favor and hire an outside vendor a company that is an expert in determining your company’s capabilities or vulnerabilities in managing data security and what needs to be done.
The “Internet of Things” (IoT) is a phrase used to describe devices which can connect via the internet wirelessly and can communicate with us and each other and transmit data. Used properly, these IoT devices could transform the way in which we live and conduct enterprise business, with technology helping various tasks and processes as we go about our daily lives.
SaaS and IoT applications and services come together in many ways. The Internet of Things (IoT) poses many obvious benefits to consumers, and has the potential to fundamentally alter the way that consumers connect with technology on many different levels. In all likelihood, at some in the not too distant future the Internet of Things will probably combine the virtual and physical worlds in tandem that today does not seem possible and is difficult to understand. From a security and privacy standpoint, the forecast of a growing wave of sensors and devices into the car, home and even IoT wearables presents distinct complex problems. The more and more a car or home can measure personal observations and share that information in the cloud consumers will probably want more privacy. The other problem presented by IoT devices is that there might not be a security fix yet developed for an application such as a phone charging device and Hackers as we all know usually migrate to popular platforms. That’s the reason why there are more risks for Windows users than the Mac. Unfortunately, because of the lack of security developed for Internet connected devices, the possibility for more security intrusions will explode over time as more IoT devices are adopted by both consumers and the enterprise.
There is a large array of IoT connected devices now available to consumers which promise to make life better and smarter, from smart cars to homes that practically heat themselves to wearables that track heartbeats.
Specifically, a neighbor recently had a new HVAC system installed in their home which can self-program their temperature needs. This device knows when they are at home or away, awake or asleep and via the internet they can turn the heating on while not home. This shows that such technologies could derive huge benefits, including cost and time savings, but what are the legal issues that should be discussed about this?
The legal issues:
The data security risks
Data security is a real concern with IoT devices, taking into account just how vast the amount of data that is being collected. With various IoT devices talking to each other via the internet, the potential for a data security breach is high and with more and more IoT devices coming onto the market, this issue is not going to go away any time soon.
With increased data collection, comes an increase in the risk of a breach or failure in data security or the wrong data being transmitted. As previously mentioned, my neighbor’s new home heating systems knows when they are home or away. Is there a risk that this information could end up in the wrong hands? Quite possibly, and to make matters worse, some IoT devices have not been designed to automatically update with new security updates and patches, leaving these devices vulnerable to hackers and without any security updates. There is also the risk that users may not update default passwords provided with the IoT devices or fail to update them with sufficiently strong passwords.
If hackers can gain access to IoT connected devices, the potential opportunity for damage could be enormous. Take for example a smart car embedded with sensors and trackers. What if a hacker got past the car’s security systems and was able to alter the functions and safety of the car. What about IoT devices used to saved lives in ambulances rushing to the hospital. What if a hacker was able to penetrate such devices and cause them not to function properly? We don’t even want to think about what the consequences will be for patients.
Data protection:
The security of data is tandem with data protection. Unfortunately, the United States does not have a uniform comprehensive law to deal with data protection security and privacy similar to Europe’s General Data Protection Regulation which deals with how personal data of EU residents can be collected, stored and transmitted. The closest thing we have in the US deals only with collected personal health information and that is HIPAA.
When designing IoT devices before being manufactured companies should take into consideration checks, balances and controls for privacy and protection of sensitive data.
Product liability:
With the likelihood that IoT devices are going to alter the way in which we conduct our daily personal and business lives, we have to ask the question as to what happens in the event some of these devices malfunction or operate in a negligence manner. Who has liability here? Is it the device manufacturer or the company licensing the product?
It’s not farfetched to see driverless cars taking over the roads. But what happens when a driverless car is responsibility for an accident which causes the death of one of the auto’s occupants. Which party is responsibility for this? There is little doubt in the near future that the Department of Transportation will be taking a close look at this situation.
Cloud Data Protection, Security & Privacy Attorney Andrew S. Bosin represents Cloud services providers, Software as a Service SaaS, technology and Internet of Things (IoT) platforms, ecosystems, applications vendors and big data and BI analytics companies in providing legal advice and negotiating and drafting language in contracts and agreements on data protection, data security, privacy, data breaches, cyber-security and protecting personally identifiable information (PII) from theft. Andrew S. Bosin, Esq. represents clients across the United States, Europe and India from offices located just outside of New York City in Bergen County, New Jersey. Andrew represents SaaS, Cloud Computing, Technology and Internet of Things (IoT) computing companies, vendors, service providers, end users, customers and companies located in New Jersey, New York, Long Island, Illinois, Florida, Texas, Maryland, California, Idaho, Alaska and in Europe in the UK and Amsterdam, Netherlands.
Please call Best, Leading, Top Rated SaaS Attorneys, Lawyers & Law Firm Andrew S. Bosin LLC at 201-446-9643.
www.njbusiness-attorney.com | andrewbosin@gmail.com
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