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The terms are governed by California law, with an express acknowledgment that EU and other jurisdictions with mandatory local law requirements for consumer agreements are not overridden by this choice of law clause.
This analysis describes what Asana's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision designates California as the governing jurisdiction for disputes but acknowledges that mandatory consumer protection laws in the EU and other jurisdictions may apply instead for users in those regions, creating a geographically variable legal framework.
Interpretive note: The practical governing law for users in specific non-US jurisdictions depends on applicable mandatory local law, which the document acknowledges without specifying which jurisdictions trigger the carve-out.
Under this clause, disputes arising from these terms are generally subject to California law, but the agreement acknowledges that EU consumers and users in other jurisdictions with mandatory local law protections retain the benefit of those protections. The practical governing law for EU users may differ from the stated California default.
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"These Terms will be governed by the laws of California notwithstanding its conflicts of law principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.Excerpt from Asana's Terms of Service
1) REGULATORY LANDSCAPE: EU consumer protection directives and GDPR require that consumer agreements be subject to the laws of the consumer's member state where those laws provide greater protection. The acknowledgment in this clause is consistent with EU Regulation 593/2008 (Rome I) on the law applicable to contractual obligations. California law governs for US-based users in the absence of a superseding jurisdictional requirement. 2) GOVERNANCE EXPOSURE: Low to Medium. The governing law provision is standard for US-based SaaS companies. The carve-out for mandatory local law is legally appropriate and reduces the risk of the entire clause being invalidated in EU jurisdictions. Enterprise customers with multi-jurisdictional user bases should confirm which version of the governing law applies to their context. 3) JURISDICTION FLAGS: EU/EEA users retain the benefit of local mandatory consumer law protections regardless of the California choice of law. UK users post-Brexit should assess UK consumer contract law applicability. Other jurisdictions with mandatory local law requirements (e.g., Australia, Canada) should be evaluated on a case-by-case basis. 4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise customers with operations in multiple jurisdictions should assess which governing law applies to their Customer Agreement and whether it differs from the User Terms' California default. Legal teams should confirm whether the Customer Agreement specifies a different governing law. 5) COMPLIANCE CONSIDERATIONS: Multinational organizations should map which user populations are covered by the California default and which retain mandatory local law protections, and ensure dispute resolution processes are calibrated accordingly.
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This provision designates California as the governing jurisdiction for disputes but acknowledges that mandatory consumer protection laws in the EU and other jurisdictions may apply instead for users in those regions, creating a geographically variable legal framework.
Under this clause, disputes arising from these terms are generally subject to California law, but the agreement acknowledges that EU consumers and users in other jurisdictions with mandatory local law protections retain the benefit of those protections. The practical governing law for EU users may differ from the stated California default.
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