SaaS Agreements – GDPR – Local Derogations

The General Data Protection Regulation (“GDPR”) now applies to all SaaS customers and SaaS companies collecting or processing the personal data of individuals located within the EU. SaaS suppliers and SaaS customers must comply with the terms the GDPR. SaaS suppliers and SaaS customers should be aware that the GDPR does not however fully harmonise data protection law throughout the EU, as each EU country may introduce their own requirements in certain instances (“derogations”) under their own local data protection laws.

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SaaS Agreements – GDPR – Data Processing Agreement

Since the General Data Protection Regulation (GDPR) came into force on the 25th of May 2018, SaaS suppliers and SaaS customers are legally obliged to include a written data processing agreement (DPA) in the terms of their SaaS agreements. The DPA usually forms a schedule to the SaaS agreement and must include the specific and detailed mandatory obligations set out in the GDPR. SaaS suppliers should use their own DPA and resist any attempt by a SaaS customer to have them sign up to the SaaS customer’s DPA for the following reasons.

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SaaS Agreements – GDPR – Data Protection Act 2018

The UK Data Protection Act 2018 Act came into force on the 25th of May 2018 (“DPA”).

The DPA replaces the Data Protection Act 1998 in its entirety and applies the standards of the General Data Protection Regulation (“GDPR), whilst also attempting to prepare the UK data protection law for Brexit. SaaS customers and SaaS suppliers should familiarise themselves with the terms of the DPA in addition to the provisions of the GDPR – as both apply. The DPA also includes a number of derogations from the GDPR.

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SaaS Agreements – GDPR – Age of Consent

The General Data Protection Regulation (“GDPR”) and the new Data Protection Act 2018 (“DPA”) now apply in the UK. SaaS suppliers and SaaS customers must comply with the terms of both the GDPR and the DPA. SaaS suppliers and SaaS customers should be aware that the GDPR does not fully harmonise data protection law throughout Europe, as each EU country may introduce their own requirements in certain instances (“derogations”). SaaS suppliers and SaaS customers who operate in, or collect or process personal data from persons located in different EU countries need to be aware of the different rules in each EU country.

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