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ARTICLE · 24 OCTOBER 2022

SaaS Agreements: A Practical Guide

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Borden Ladner Gervais LLP

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Computer software is an essential tool for almost every organization. Organizations use computer software to create products, perform services, manage relationships, control internal operations...

CanadaGovernment, Public Sector
Bradley Freedman
Bradley Freedman
Mark Fecenko
Mark Fecenko
Eric Boehm
Eric Boehm
Patrice Martin
Patrice Martin
Éloïse Gratton
Éloïse Gratton
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Computer software is an essential tool for almost every organization. Organizations use computer software to create products, perform services, manage relationships, control internal operations, and process and store sensitive and regulated data.

Organizations often procure software using a "software-as-a-service" or "SaaS" model, which involves the organization using its technology infrastructure to remotely access and use copies of computer software installed and maintained by a service provider on the service provider's technology infrastructure.

The use of SaaS is a form of outsourcing that implicates compliance with legal and regulatory requirements (including laws of general application, sector-specific laws, contractual obligations and legal duties) and can present the customer with significant business risks and potential legal liabilities. A prudent customer, with the benefit of legal advice, will carefully review each SaaS agreement and attempt to

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