SaaS Agreements – Brexit – Transition Period

Brexit has occured and the UK has left the EU. However until the end of the transition period the UK is still treated as being part of the EU to enable an EU trade deal to be negotiated.

This means that although SaaS suppliers and SaaS customers can continue to lawfully process and transfer personal data between the EU and the UK until the expiry of the transition period on the 31st of December 2020, SaaS suppliers and SaaS customers still need to take action now to amend existing documents to reflect that fact that the UK is no longer part of the EU.

Data Flows

The exact measures SaaS suppliers and SaaS customers need to take will depend upon the structure of their businesses and their personal data flows:

  • The locations of offices and employees
  • Where SaaS customers are located
  • From which countries SaaS customers collect personal data that is to be processed
  • Where data centres are located
  • Where any sub-processors are located
  • Where any suppliers and sub-contractors are located
  • Where subsidiaries are located
  • Where the Data Protection Officer is located

Actions to be taken

Depending upon the company’s structure and it’s data flows, SaaS suppliers and SaaS customers may need to take the following actions:

Further Information Sources

The UK’s data protection authority (the “ICO”) has published updated guides for businesses and SMEs on preparing for Brexit and these provide useful information for SaaS customers and SaaS suppliers.


Whether you are a SaaS supplier or SaaS customer you must ensure that you can continue to lawfully transfer personal data from persons located in the EU to and from the UK in light of the fact that the UK is no longer part of the EU.


Irene Bodle is an IT lawyer specialising in SaaS, with over 15 years experience dealing with SaaS, cloud computing matters and IT law issues. If you require assistance with any SaaS agreements, cloud computing matters or any other IT legal issues, in particular “Brexit”, please contact me at:

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