When drafting your Software as a Service (SaaS) agreement, it is important to include a clause that addresses confidential information and privacy for both you and your users. This will set out what is and is not considered confidential information and what is in the public domain. It will also determine how personal information will be protected and outline that the users should only disclose confidential information if required by law.
What is ‘Confidential Information’?
Confidential information can include information about the business, programs, technologies, software, processes, methods, operating procedures, products, agreements and prices and services, trade secrets, know how, financial, accounting, marketing and technical information, ideas, concepts, Intellectual Property, other customer information or details, and other information that relates to the business that is not in the public domain.
Users should agree not to disclose confidential information and protect any confidential information that they receive when using the software and services, as well as any other information they receive during the course of doing business with you.
You should also agree in your SaaS agreement to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
It is important to include well-drafted confidential information and privacy clauses in your SaaS agreement to ensure that you protect your user’s confidential information and your confidential business know-how and technology. If you would like us to draft your SaaS agreement, or if you would like to learn more about confidential information, the online lawyers at LegalVision have extensive experience in these areas. We have assisted many online businesses to expand and grow while protecting their confidential information. If you’re in need of legal advice, contact us on 1300 544 755 and speak with one of our experienced IT solicitors today.