Following the Schrems II judgement and the subsequent European Data Protection Board (EDPB) Schrems II guidance, SaaS customers and SaaS suppliers are now required to carry out a data transfer assessment prior to transferring personal data outside the EEA to a third country which does not have an “adequacy” decision from the EU. i.e. any transfer of EU located data to the USA.
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SaaS 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transfer personal data from the EU to countries outside the EU/EEA (third countries) when the old SCCs (old SCCs) are repealed on the 27th of September 2021.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 – Data Protection – New Standard Contractual Clauses Published
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SaaS customers who transfer personal data to countries outside the EU/EEA (third countries) once the current SCCs are repealed.
Continue readingSaaS Agreements – GDPR – EU-US Privacy Shield Invalid
On the 16th of July 2020 the EU-US Privacy Shield was ruled invalid with immediate effect by the European Court of (“CJEU”). The steps that SaaS suppliers now need to take depend on the scale and type of international data flows and the transfer mechanisms used. If you rely solely upon the EU-US Privacy Shield for transfers to the US, you must replace the Privacy Shield with the EU Commission’s Standard Contractual Clauses (“SCCs”).
Continue readingSaaS Agreements – Brexit – Transition Period
Brexit has now taken place 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.
Continue readingSaaS Agreements – Brexit – Need for an EU Representative
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.
Continue readingSaaS 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.
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