A “no deal Brexit” is looking likely for the 31st of October 2019. SaaS suppliers and SaaS customers need to take steps now to ensure that they comply with the requirement to appoint an EU Representative under the GDPR, where they will no longer have any establishment in the EU after Brexit.
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SaaS Agreements – FAQs – Data Processor
It is important for a SaaS supplier to understand the legal obligations imposed upon them as a data processor when negotiating a SaaS agreement and a data processing agreement (“DPA“) as the duties of a data processor are not the same as the duties of a data controller. In a
Continue readingSaaS Agreements – GDPR – Personal Data Breaches and How to Avoid them
Recently there have been a number of high profile cases involving the UK’s data protection authority (the “ICO”), imposing very large fines on Marriott and British Airways for serious data breaches. SaaS customers and SaaS suppliers should be reviewing the appropriateness of their technical and organisational measures to avoid the
Continue readingSaaS Agreements – Preparing for a No Deal Brexit
Currently a “no deal Brexit” is looking likely for the 31st of October 2019. It is therefore essential that SaaS suppliers and SaaS customers take steps now to ensure that they can continue to lawfully process and transfer personal data between the EU and the UK following a no deal Brexit.
Continue readingSaaS Agreements – Data Protection – Brexit Update
UK SaaS Agreements: In light of the various leaving scenarios of which a “no deal Brexit” is looking likely, it is highly advisable that SaaS suppliers and SaaS customers now take steps to ensure that they can continue to lawfully process and transfer personal data between the EU and the UK following Brexit.
Continue readingSaaS Agreements – Brexit – Prepare Now
As a SaaS Supplier or SaaS customer you will be aware that the UK plans to leave the EU on the 29th of March 2019 – Brexit. In light of the various leaving scenarios currently being discussed of which a “no deal Brexit” is looking likely, it is essentail that SaaS suppliers and SaaS customers take steps now to ensure that they can continue to lawfully process and transfer personal data between the EU and the UK following Brexit.
Continue readingSaaS Agreements – GDPR – Local Derogations
The General Data Protection Regulation (“GDPR”) now applies to all SaaS customers and SaaS companies collecting or processing the personal data of individuals located within the EU. SaaS suppliers and SaaS customers must comply with the terms the GDPR. SaaS suppliers and SaaS customers should be aware that the GDPR does not however fully harmonise data protection law throughout the EU, as each EU country may introduce their own requirements in certain instances (“derogations”) under their own local data protection laws.
Continue readingSaaS Agreements – GDPR – Data Protection Act 2018
The UK Data Protection Act 2018 Act came into force on the 25th of May 2018 (“DPA”).
The DPA replaces the Data Protection Act 1998 in its entirety and applies the standards of the General Data Protection Regulation (“GDPR), whilst also attempting to prepare the UK data protection law for Brexit. SaaS customers and SaaS suppliers should familiarise themselves with the terms of the DPA in addition to the provisions of the GDPR – as both apply. The DPA also includes a number of derogations from the GDPR.
Continue readingSaaS Agreements – GDPR – Age of Consent
The General Data Protection Regulation (“GDPR”) and the new Data Protection Act 2018 (“DPA”) now apply in the UK. SaaS suppliers and SaaS customers must comply with the terms of both the GDPR and the DPA. SaaS suppliers and SaaS customers should be aware that the GDPR does not fully harmonise data protection law throughout Europe, as each EU country may introduce their own requirements in certain instances (“derogations”). SaaS suppliers and SaaS customers who operate in, or collect or process personal data from persons located in different EU countries need to be aware of the different rules in each EU country.
Continue readingSaaS Agreements – Brexit – EU Data Transfers to the UK after Brexit
Under EU and UK data protection laws, UK SaaS suppliers are lawfully permitted to transfer personal data of SaaS customers located in the EU to any country within the EEA. From the 30th of March 2019, when the UK leaves the EU (“Brexit Date”), the UK will no longer be part of the EEA and will become a “third country” for data protection purposes, just like the USA.
The European Commission recently confirmed in a Notice that on the Brexit Date, UK based SaaS suppliers can no longer lawfully transfer personal data of SaaS customers located in the EU (i.e. in France, Germany, Spain etc.) to the UK,
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