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
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SaaS Agreements – GDPR – US Companies
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 does not just apply to SaaS suppliers and SaaS customers located in the EU. The GDPR also applies extraterritorially, i.e. to SaaS suppliers and SaaS customers located outside of the EU, for example in the USA, as set out below.
GDPR Applies to US SaaS Customers and SaaS Suppliers
The GDPR will apply to SaaS suppliers and SaaS customers located in the USA if:
They offer goods or services to SaaS customers located within the EU; or
They monitor the behaviour of EU data subjects;
Even though the SaaS supplier or SaaS Customer is not located within the EU.
Continue readingSaaS Agreements – GDPR – The General Data Protection Regulation
The General Data Protection Regulation (“GDPR”) will replace the existing EU Data Protection Directive and harmonise European data protection law from the 25th of May 2018. In the UK the GDPR will replace the Data Protection Act 1998 from the 25th of May 2018, regardless of “Brexit”. This will have a significant effect on both SaaS suppliers and SaaS customers who will need to comply with the terms of the GDPR. SaaS suppliers and SaaS customers must update all contractual documents that involve data processing, such as SaaS agreements, privacy policies and hosting and support agreements to comply with the new rules under the GDPR before the 25th of May deadline.
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 – 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.
Continue readingSaaS Agreements – Data Protection – General Data Protection Regulation (GDPR)
At the end of 2015 the European Commission published the test of the new Data Protection Regulation (“GDPR”) which will replace the existing EU Data Protection Directive and harmonise European data protection law. The GDPR is expected to be adopted in Spring 2016. Once adopted, the GDPR will come into force within 2 years and in the UK the GDPR will replace the Data Protection Act 1998. This will have a significant effect on both SaaS suppliers and SaaS customers.
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