What are the legal requirements for using third-party services?

When doing business online, it is important to understand the legal requirements of using third-party services in Texas. These services can include web hosting, online payment processing, and other services that help businesses run their online operations. The Texas Business and Commerce Code Section 17.46 outlines the legal requirements for using third-party services when doing business in Texas. This section outlines that businesses must have a written contract with the third-party service provider that explicitly outlines the terms of service. The contract should also include details on what services the provider will provide, the fees associated with the services, and liability that comes in the event of a breach of the contract. Businesses must also meet certain data protection requirements when using third-party services. This includes having the third-party service provider sign a data security agreement that ensures the provider will use reasonable security measures to protect customer data. Additionally, businesses must get customer consent before disclosing the customer’s data to a third-party service provider. Finally, businesses must be aware of restrictive covenants. This means the business should not enter into a contract with a third-party service provider that either prohibits or limits the ability for the business to enter into a similar type of service contract with another provider. By understanding the legal requirements of using third-party services, businesses in Texas can ensure they are in compliance with the law and protect their customers.

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