Evaluating the Risk in the Context of Negotiating an Indemnification Clause in a SaaS Contract

If you work for a SaaS company or have ever negotiated a services contract with a SaaS provider, you likely found one of the most contentious issues in your negotiation to have been the negotiation over the parameters of the indemnification clause in the contract.  In particular, the issue of who is liable in a privacy breach and the extent of that liability was likely heavily debated.  If you, like many, struggled with evaluating your actual liability risk in a privacy breach, you may want to check out my posting at the Silicon Valley Software Law Blog, where I report on some actual data from industry insiders that may be very helpful in approaching these negotiations:

Insurance Guidance to Consider when Negotiating a SaaS Indemnification Clause