#SaaS Lawyer in France

The SaaS model creates long-term, asymmetric and technically complex contractual relationships. Whether you are a vendor or a customer, each contract engages your liability on points that are neither obvious nor standard: access to data, continuity of service, reversibility, intellectual property, subcontracting, security. A poorly drafted or unnegotiated contract exposes both parties to operational and legal risks that often materialise at the worst possible moment, in the event of an incident, a dispute or the end of the relationship.

We assist SaaS vendors in structuring their contractual documentation, and customer companies in analysing and negotiating the terms offered to them.

What our work covers

SaaS agreements and general terms

We draft and negotiate SaaS licence agreements, terms of use (CGU), general terms and conditions of sale (CGV) and all the related contractual documentation. We act for vendors to build a consistent body of documents, and for customers to analyse the terms offered, identify imbalances and obtain adjustments.

The key points of a SaaS agreement (scope of the licence, service levels, liability for unavailability, compensation caps, rights over the data produced, intellectual property, technical subcontracting) receive specific attention in every matter.

Personal data and processors

Any SaaS vendor that processes personal data on behalf of its customers is a processor within the meaning of the GDPR. This status imposes precise contractual obligations, in particular under Article 28 of the Regulation. We draft data processing agreements (DPA), structure the chain of sub-processors and ensure consistency between the contractual commitments, the security measures actually in place and the required documentation.

On this subject, you can also see our dedicated GDPR lawyer and data protection lawyer pages.

Intellectual property

In a SaaS project, ownership of the source code, the database, the specific developments made for a customer and the technical documentation is not presumed. It must be defined in the contract. We clarify how rights are allocated between vendor and customer, provide a framework for custom developments and protect each party’s technology assets.

Reversibility and continuity

Reversibility, that is, the ability to recover your data and migrate to another solution at the end of the contract, is often absent or insufficiently addressed in standard SaaS contracts. We advise on the content of a reversibility plan, export formats, timeframes, how the burden is shared between the parties and the minimum guarantees to obtain.

Hosting, maintenance, support

Service commitments (availability, response times, maintenance windows, incident management) must be precisely defined and backed by contractual consequences in the event of a breach. We structure or audit service levels (SLA) and how they fit with the liability clauses.

Termination and disputes

Termination conditions, the effects of the end of the contract on data and access rights, and the handling of operational or technical disagreements are high-risk points. We deal with them at the contract stage and in litigation, working with our IT litigation practice.

Who we act for

We work with SaaS vendors of all sizes, whether start-ups, SMEs or mid-sized companies (ETI), and with their customers: IT departments, legal departments, purchasing departments of large companies or groups. Our work covers the initial structuring phase as well as the renegotiation of an existing relationship or the handling of an ongoing dispute.

When to consult a SaaS lawyer

Before signing a SaaS contract that is critical to your business. Before rolling out a SaaS offering on a large scale. When you are renegotiating a contract that is coming to an end. When a service incident or a personal data breach occurs. When a customer disputes the terms of your offering or the effects of a termination.

Our team is available for an initial analysis of your situation.

In-depth articles

• SLA (Service Level Agreement): how to draft availability penalties? (in French)
• How can the price of a SaaS subscription be lawfully changed during the contract? (in French)
• SaaS contract: who is liable if customer data is lost?
• Escrow agreement (entiercement): how to protect the source code of a SaaS product? (in French)

Every situation is different: the information on this page is general and does not replace legal advice tailored to your case. The firm makes no promise of outcome; it commits to the means it deploys.