Computer Fraud and Abuse Act (CFAA): Federal law that addresses computer hacking and unauthorized access to computer systems. Must be considered for security breach provisions and access restrictions.
Electronic Communications Privacy Act (ECPA): Federal law governing the interception and monitoring of electronic communications. Relevant for data privacy and monitoring provisions.
Federal Trade Commission Act: Prohibits unfair or deceptive practices in commerce. Important for ensuring transparent terms and fair business practices in the SaaS agreement.
Digital Millennium Copyright Act (DMCA): Addresses copyright issues in digital environment. Relevant for content protection and copyright infringement provisions.
Children's Online Privacy Protection Act (COPPA): Regulates the collection and use of personal information from children under 13. Must be addressed if service might be accessed by children.
California Consumer Privacy Act (CCPA): Comprehensive privacy law affecting businesses serving California residents. Requires specific privacy provisions and user rights.
State Privacy Laws: Various state-specific privacy regulations (Virginia, Colorado, Utah, Connecticut) requiring specific privacy protections and disclosures.
Uniform Electronic Transactions Act (UETA): Provides legal framework for electronic signatures and records. Important for contract formation and execution.
E-SIGN Act: Federal law ensuring the legal validity of electronic signatures and records in interstate commerce.
State Data Breach Laws: Various state requirements for notification and handling of data breaches. Must be addressed in security incident provisions.
Uniform Commercial Code (UCC): Governs commercial transactions. Relevant for contract formation, warranties, and remedies.
Industry-Specific Regulations: Including HIPAA (healthcare), GLBA (financial), and PCI DSS (payment processing) if applicable to the service.
Copyright Act: Federal law protecting original works. Relevant for intellectual property provisions and content ownership.
Magnuson-Moss Warranty Act: Federal law governing consumer product warranties. Important for warranty disclaimers and limitations.
Service Level Agreements (SLAs): Contractual provisions defining service performance levels, availability, and remedies for failure to meet standards.
Data Ownership and Privacy Provisions: Clauses defining data rights, usage, protection, and privacy obligations under various applicable laws.
Liability Limitations: Provisions limiting service provider's liability within bounds of applicable state and federal laws.
Dispute Resolution: Procedures for handling disputes, including choice of law, jurisdiction, and arbitration provisions in compliance with state laws.
