Computer Fraud and Abuse Act (CFAA): Federal law that prohibits accessing a computer without authorization or exceeding authorized access. Key consideration for defining access permissions and restrictions.
Electronic Communications Privacy Act (ECPA): Federal law governing the interception of electronic communications. Important for access contracts involving electronic communications systems.
Stored Communications Act (SCA): Federal law regulating access to stored electronic communications. Critical for contracts involving access to stored data or communications.
Digital Millennium Copyright Act (DMCA): Federal copyright law addressing digital content access and protection. Relevant for contracts involving access to copyrighted digital materials.
Americans with Disabilities Act (ADA): Federal law requiring accessible design for physical and digital spaces. Must be considered if access involves public accommodations or digital interfaces.
Federal Trade Commission Act: Federal law prohibiting unfair or deceptive practices. Relevant for ensuring access terms are fair and clearly communicated.
State Data Privacy Laws: Various state-specific laws (e.g., CCPA, SHIELD Act) governing data privacy and access. Must be considered based on jurisdiction.
Industry-Specific Regulations: Sector-specific laws like HIPAA (healthcare) or GLBA (financial) that may apply depending on the industry context of the access contract.
State Property Laws: Laws governing property rights and access in specific states. Important for physical access provisions.
Uniform Commercial Code (UCC): Standardized commercial laws adopted by states. Relevant for commercial access agreements and contract formation.
State Cybersecurity Laws: State-specific requirements for data security and cyber protection measures in access arrangements.
Tort Law: Legal principles governing civil wrongs and liability. Important for defining liability terms and limitations in access contracts.
