Software and SaaS contracts: what cannot be missing
Technology contracts raise issues that do not appear in traditional contracts — from service levels to data protection. Ignoring them creates significant risks.
Points that deserve attention
- Scope and licensing: exactly what is being licensed or contracted;
- SLA (service level): availability, support and the consequences of non-compliance;
- Intellectual property: who owns what is developed;
- Data protection (LGPD): the roles of controller and processor and security measures;
- Liability: limits and grounds for indemnification.
The LGPD in technology contracts
Where the service processes personal data, the contract must clearly define the parties' roles, the purposes, the security measures and the responsibilities in the event of an incident, in line with the LGPD (Brazil's General Data Protection Law).
Who owns what is created
In development contracts, defining ownership of the code and customizations avoids disputes. Without an express provision, the ownership may not lie with the party that expected to hold it.
Frequently asked questions
What is an SLA in a software contract?
It is the service level agreement: it defines metrics such as availability and support times, as well as the consequences if they are not met.
Does a SaaS contract need to address the LGPD?
Yes, whenever personal data is processed. The contract must define roles, purposes and security measures in accordance with the law.
Need guidance on this topic?
This article is informational. For guidance on your specific case, talk to our team.