SaaS Agreements – Data Protection – Which law applies?

UK SaaS suppliers who provide cloud computing services to SaaS customers located outside of the UK are increasingly being required to comply not just with UK data protection law, but also the data protection laws of the countries in which the SaaS customer and its clients are based. This increasingly creates problems for SaaS suppliers, as data protection laws generally assume that data is stored/processed in one place. However when operating in the cloud data is often moved between jurisdictions and often it may be unclear exactly where data is being stored or processed and who is storing and processing it.

Two recent cases against Facebook and Google show the extent of this developing problem.

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SAAS, ASP, software on demand – confused?

What is SAAS? This is the abbreviation for “software as a service”. You may know this under another name, for example ASP services (application service provider) or software on demand. These names all refer to the same thing – and simply mean that you are accessing and using software via the Internet.

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