Kavitha Gupta's blog

BSA Software Audit Updates: Membership Changes and Impact on Audits by Keli Johnson Swan in Blogs , BSA Audits BSA| The Software Alliance (the “BSA”) is an organization that acts on behalf of software publishers to enforce copyrights. The membership of the organization may undergo changes, which can impact an existing software audit if a member leaves during the course of the audit and the BSA no longer has power of attorney to enforce the copyrights. The BSA has lost of a few members recently, including Parametric Technology Corporation (“PTC”), Minitab, and TechSmith Corporation. Some publishers choose to enforce their own copyrights, while others elect to engage competing organizations such as the Software & Information Industry Association (“SIIA”) or Software Compliance Group.  Recently, the BSA also gained new members, including DataStax, Salesforce, Splunk, and Workday. The changes to the BSA’s membership may affect the scope of the audit,...

Negotiating Contracts: 12 Key Terms to Negotiate in a Software as a Service or Cloud Service Agreement by Stephen F. Pinson in Blogs Software as a Service and Cloud Service offerings have become ubiquitous digital platforms for many enterprises and small businesses in their quests to provide a single unified platform to their employees and customers. Providers offering Software as a Service and Cloud Services allow end users to access software and infrastructure remotely from any location and storing data with a provider. Because of the risks associated with storing data in the cloud and the need for uninterrupted access to the data, businesses want to be sure that they understand their requirements when entering into a cloud service agreement with a provider. The following is a list of suggested requirements when negotiating Software as a Service or Cloud Service agreement (these are not in any particular order): Demarcation A demarcation point is typically ...

SC held that a party can chose a neutral place as seat for Arbitration & such place of arbitration will entitle the court for jurisdiction to try the matter.  SUPREME COURT JUDGMENT IN INDUS MOBILE DISTRIBUTION PRIVATE LIMITED VS DATAWIND INNOVATIONS PRIVATE LIMITED On 19 April 2017, a bench comprising of Justice Pinaki Chandra Ghosh and Justice Rohington Fali Nariman held that where an exclusive jurisdiction clause in an arbitration agreement states that the courts at a particular place alone would have jurisdiction in respect of disputes arising under the agreement, it would oust all other courts’ jurisdiction in the matter,  even in a case where no part of the cause of action arises at that place .  Factual Background Ø The Respondent in the matter was engaged in the manufacture, marketing and distribution of mobile phones, tablets and other accessories and had its registered office at Amritsar in Punjab.  ...

The Singapore PDPC recently issued a warning to the Employer for the act of its employee for disclosing sensitive personal data of its ex-employee in a wassup group and observed that the employee has not acted in his personal capacity and the employer is vicarious liable for the acts of its employee under the PDPA Act. This reinstates the importance of providing training and awareness program to employees to comply with the Data Protection Act.   Employer's Responsibility for Personal Data Disclosed by its Employees on Social Media Baker McKenzie Singapore April 20 2017 Employer's Responsibility for Personal Data Disclosed by its Employees on Social Media  Overview  The Personal Data Protection Commission (the "PDPC") released a decision on 21 March 2017 regarding an employer's responsibility for the actions of an employee, which formed the basis of breaches of the Personal Data Protection Act (the "PDPA"). The complainant (the ...

"The Emerging Need for Cybersecurity Diligence in M&A" April 19, 2017 | Skadden, Arps, Slate, Meagher & Flom LLP | Shilpi Gupta , Stuart D. Levi , William Ridgway Cybercrime has emerged as one of the foremost threats a company faces. As a result of a few keystrokes, a company may find its customers’ data sold on the dark web, its intellectual property in the hands of a competitor or its operations paralyzed by ransomware. It should come as little surprise, then, that cybersecurity has become a key risk factor in mergers and acquisitions. A 2016 survey by West Monroe Partners and Mergermarket found that 77 percent of top-level corporate executives and private equity partners reported that the importance of cybersecurity at M&A targets had increased significantly in recent years. Given this trend, executives and directors contemplating acquisitions should consider the following cyber-related issues when conducting due diligence. Key Considera...