There are no restrictions on transferring personal data within the EEA. However, due to the global nature of SaaS or ASP agreements personal data often needs to be transferred outside of the EEA, for example to an IT outsourcing provider in India, a subsidiary of your company in China or a data centre or software development centre in Vietnam.
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SaaS, ASP Agreements – FAQs – Confidential Information
What confidentiality provisions need to be included in a SaaS agreement?Define Confidential Information.
Parties will obtain and have access to the business critical information of each other as a result of entering into a SaaS Agreement. For example, they may have access to customer lists, banking information, IPR, source code and object code or business secrets and processes. Confidential information should be defined in the SaaS agreement to make clear what is, and what is not, confidential. Do not simply refer to documents which are “marked as confidential” or “which should be treated as confidential”. Not all confidential information exists in a physical format, particularly in a SaaS scenario – so do not restrict your definition to just documents.
SaaS, ASP Agreements – FAQs – Data Protection
Data protection issues must be adequately covered in any SaaS agreement to protect both the supplier and the customer. Data Protection Act 1998. The Act applies to the processing of personal data, for example name/email addresses, dates of birth, national insurance number of any living individual.
Continue readingSaaS Agreements – Essential Elements
The following legal issues should be included in any ASP or SaaS agreement, whether you are a SaaS supplier or a SaaS customer.
Continue readingWebsite Legal Requirements – Ecommerce
About Us/Contact Information. You must provide the following information in an easily accessible position on your web site:
* your legal name i.e. XYZ Ltd
* your geographical address
* contact details i.e. telephone number, fax number and email address
* which country your business is registered in and the registration number
* details of any supervisory body which regulates your business i.e. the FSA. For regulated bodies more detailed information is required.
* where you are registered for VAT and your VAT number
* clear details of prices and whether or not delivery and/or tax is included