Customer logo = data?

Copyright?Someone asked me recently what’s the status of a customer logo in relation to data. Specifically, if a SaaS provider stores customer logos in their system – for example, for white labelling the customer’s login screens for staff – do those logos need to be treated as customer data or can they be treated as public domain data?

First, it’s highly unlikely the customer logo is in the public domain. For a logo to have any value, it must identify the customer and distinguish them from their competitors. As such, the logo will have been created by or for the customer who will likely own the rights to it. The SaaS provider will need a licence to use it – yes, even for providing the white label service back to the customer. The contract or SaaS terms should cover that.

Second, the rights that will exist in the logo will be copyright / design right not the law of confidentiality, nor the Data Protection Act as it’s not personal data. Unintended dissemination of the logo on the web would not have the same devastating effect as it would for data. So the SaaS provider doesn’t necessarily need to store the logo on its servers  with the same standards of protection as it would apply to personally identifiable information or commercially sensitive data.

 

Third, if the customer wants its logo protected to the same standard and there is an additional cost for doing that, then it’s a commercial discussion.

One comment

What's your view? Leave a comment

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s