SaaS suppliers and SaaS customers currently have to comply with complicated rules and include onerous obligations in their SaaS agreements, data processing agreements and data privacy practices to lawfully make restricted transfers of personal data when proving SaaS services. Before making any restricted transfers of personal data, SaaS suppliers must ensure that the specific safeguards required under the UK GDPR and the EU GDPR are in place.
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SaaS Agreements – Data Protection – Does your DPA and Sub-Processor List need updating?
Meta were fined 1.2 billion Euros for breaches of EU data protection law and for transferring personal data of EU users to the US despite, using standard contractual clauses, (SCCs), having in place supplemental measures and carrying out data transfer impact assessments, (DTIAs). Google has also been pursued in various EU member states for similar breaches.
In light of these decisions, SaaS suppliers should review their own data protection practices and documentation to ensure that they are up to date and comply with the current rules.
Continue readingSaaS Agreements – Data Protection – New EU Standard Contractual Clauses
On the 4th of June 2021 the EU Commission announced the adoption of new Standard Contractual Clauses (new SCCs). The new SCCs must be used by all SaaS suppliers and SaaS customers who transfer personal data from the EU to countries outside the EU/EEA (third countries) when the old SCCs (old SCCs) are repealed on the 27th of September 2021.
Continue readingSaaS 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.
Continue readingSaaS Agreements – Data Protection – What SaaS Suppliers need to know about the GDPR
From the 25th of May 2018 the EU General Data Protection Regulation (GDPR) will come into force and change existing data protection laws in all 28 EU member states. The GDPR will place direct obligations on SaaS suppliers (data processors) in relation to data processing activities. In addition customers (data controllers), their clients (data subjects) and local data protection authorities will be able to enforce breaches of the new rules directly against SaaS suppliers.
Continue readingSaaS Agreements – Terms and Conditions – Data Processing Agreement
Under the Data Protection Act 1998 (DPA) UK SaaS suppliers currently have limited obligations to SaaS customers when processing personal data as part of their SaaS services. However, from the 25th of May 2018 the General Data Protection Regulation (GDPR) will impose numerous new data processing obligations on SaaS suppliers. In particular, the obligation for SaaS suppliers to enter into a written data processing agreement with SaaS customers and sub-contractors.
Continue readingSaaS Agreements – Data Protection – New obligations for SaaS Customers
From the 25th of May 2018 the EU General Data Protection Regulation (GDPR) will come into force and change existing UK data protection laws. The GDPR will place further more onerous obligations on SaaS customers (data controllers) in relation to all data processing. SaaS customers need to amend the terms of their existing SaaS agreements and privacy policies and implement the changes into internal policies and procedures in order to comply with the upcoming changes in UK data protection law.
Continue readingSaaS Agreements – Data Protection – New Obligations for SaaS Suppliers
From the 25th of May 2018 the EU General Data Protection Regulation (GDPR) will come into force and change existing UK data protection laws. The GDPR will place direct obligations on SaaS suppliers (data processors) in relation to data processing activities. In addition SaaS customers (data controllers) and their clients (data subjects) will be able to enforce breaches of the new rules directly against SaaS suppliers. SaaS suppliers need to amend the terms of their existing SaaS agreements in order to comply with the upcoming changes in data protection law.
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