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Legal Briefings - Business briefings - UK IT Association (UKITA)

UK IT Association (UKITA)

The following legal articles have been supplied to UKITA by members who are legal experts in their field.

Domain Name Portfolio Management

What issues need to be considered in choosing and managing a company’s domain names?

Which Name to Register

• Focus on the company name worldwide.
• Marketing should decide on which domain names to register, bearing in mind which trade marks the company has registered.
• If companies are acquired, consider registering domain names if none are already registered.
• Carry out a domain name search at before trying to register new domain names.


Legal Clauses to Include in a SaaS Sales Proposal

SaaS suppliers often prepare sales proposals in order to win business from prospective clients. A few basic legal clauses should be included in the sales proposal to protect your business if you win the sale, but more importantly, if you don’t.


SaaS Agreements – Liability - Online Comments

Liability for Breach of Privacy in Each Country Material is Accessed
Following a recent European Court of Justice (ECJ) ruling individuals can now sue publishers for content published online in each EU country in which the individual’s image has been harmed.


New Consumer Rights for Online Sales

If you supply goods and services to consumers via the Internet you will need to change your terms and conditions of sale to incorporate the new EU Consumer Rights Directive before the end of 2013. The new directive harmonises consumer rights protection across the EU for all BTC (business to customer) online sales of goods and services. The directive must be implemented into UK law before the end of 2013 (probably in a Consumer Bill of Rights) which will result in the following compulsory rules applying to online sales.


SaaS Agreements – Data Protection – New Proposed EU Rules

On the 25th of January 2012 the European Commission published a proposal for a new Data Protection Regulation to replace the existing EU Data Protection Directive. The proposal sets out a general data protection framework aimed at unifying the current differing data protection rules in the EU. A brief summary of the major changes this will make to EU data protection law is set out below.


SaaS Agreements – Distribution / Reseller – Terms to Include in a Reseller Agreement

When using a local partner to resell your SaaS software to customers outside of the countries in which you are based, you will need to have a distribution/reseller agreement in place between yourself and each distributor/reseller. This will in part mirror your standard SaaS terms and conditions but will also need to include additional clauses to cover the issues set out below.


SaaS, ASP Agreements – Essential Elements

The following legal issues should be included in any SaaS or ASP agreement, whether you are a supplier or a customer.


SaaS, ASP Agreements – FAQs - Software Licence

The software licence to be included in a SaaS agreement is very different from the standard software licence found in non-SaaS agreements for the following reasons.


SaaS Agreements – Need for an Escrow Agreement

As a SaaS supplier you may want to consider offering escrow agreements to your customers, particularly if you run SaaS applications which are critical to your customer’s business.


SaaS Agreements – Software – Copyright Protection

SaaS Software with the same functionality can co-exist without there being an infringement of copyright, following the recent opinion of the Advocate General in SAS Institute and World Programming Ltd. The Advocate General advised that it is the methods used to create the means for the software to carry out its functions, not the functions of the software and the programming language which can be protected by copyright.


Cloud Computing and the Legal Cloud

Everyone is talking about “cloud computing” but what is it?


SLAs Explained – Essential Elements

What should be included in a service level agreement?


Is Your Website Cookie Compliant?

From the 26th of May 2012 the UK Information Commissioners Office (ICO) will start prosecuting companies for their failure to comply with the Privacy and Electronic Communications (Amendment) Regulations. This sets out new obligations with regard to the use of cookies or similar technologies for storing information such as flash cookies, web beacons or bugs.



If you run a business which operates a website, you will probably have heard of the new "Cookies Directive" which came into force during May last year, but you may be wondering what it all means in practice.


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