SaaS Agreements – FAQs – EU Standard Contractual Clauses

When entering into a SaaS agreement with a SaaS customer a SaaS supplier will often need to transfer customer data that contains EU personal data outside of the EEA. This could be at the request of a SaaS customer or more usually because the SaaS supplier uses a sub-contractor located outside of the EEA to provide part of the services on its behalf (as a sub-processor). For example: a data centre, online customer support centre or email service provider provided by a company located in the USA.
SaaS suppliers and SaaS customers must use EU standard contractual clauses in order to comply with their duties under the GDPR when making such restricted transfers of EU personal data.

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