Who owns the data in a SaaS arrangement?

That is decided by contract. The customer should keep ownership of its data and have rights to retrieve it on exit.

What does a SaaS contract usually limit?

The provider's liability, usually to the fees paid over a period, and exclusions for indirect loss. Carve-outs for data breaches, confidentiality and intellectual property infringement are often negotiated.

Must a company report a cyber incident?

Certain incidents must be reported to CERT-In within six hours of being noticed under its directions, and personal data breaches have separate duties under the data protection law.

How is online content regulated?

Through intermediary rules, copyright law, defamation and, for certain content, specific directions. The exact rules depend on the type of platform.

Technology, Media and Telecom Lawyers, India

Technology, media and telecommunications law deals with software and data contracts, online content and the rules that govern networks and platforms. The Firm drafts and negotiates software-as-a-service (SaaS) and technology agreements, and advises on questions of information technology and media law.

What the law requires

SaaS and technology contracts: the main terms are service levels, data ownership and security, limits on liability, intellectual property ownership and indemnities, exit and data return.
Information technology law: the Information Technology Act, 2000 and its rules deal with electronic records, intermediaries and cyber offences. Directions of CERT-In require reporting of certain cyber incidents within six hours.
Media law: content and reputation issues, including defamation, contempt and copyright.
Telecommunications: licensing and conditions under the Telecommunications Act, 2023.

Scope of Work

SaaS agreements
information technology and media law
payment aggregators and payment gateways

Questions and Answers

Who owns the data in a SaaS arrangement?: That is decided by contract. The customer should keep ownership of its data and have rights to retrieve it on exit.
What does a SaaS contract usually limit?: The provider's liability, usually to the fees paid over a period, and exclusions for indirect loss. Carve-outs for data breaches, confidentiality and intellectual property infringement are often negotiated.
Must a company report a cyber incident?: Certain incidents must be reported to CERT-In within six hours of being noticed under its directions, and personal data breaches have separate duties under the data protection law.
How is online content regulated?: Through intermediary rules, copyright law, defamation and, for certain content, specific directions. The exact rules depend on the type of platform.

Technology, Media & Telecommunications

What the law requires

Scope of Work

Questions and Answers

Related Reading

Disclaimer