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.Continue reading
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transfer personal data from the EU to countries outside the EU/EEA (third countries) when the old SCCs (old SCCs) are repealed on the 27th of September 2021.Continue reading
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 reading
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 reading
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,Continue reading
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 reading
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 reading
SaaS suppliers and SaaS customers are increasingly relying upon the use of EU model clauses to enable them to lawfully export personal data outside of the EEA following the invalidity of Safe Harbor in 2016 and the current implementation of the EU-US Privacy Shield (which replaces Safe Harbor). SaaS customers often try to amend the terms of the EU model clauses when negotiating the SaaS agreement with the SaaS supplier. This can result in the EU model clauses being invalid as they do not provide adequate protection for the data transfer.
SaaS suppliers should therefore be aware of the risks of agreeing to any changes to EU model clause and know which changes are, and are not, permitted to ensure that they are not in breach of data protection laws.Continue reading
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.Continue reading
SaaS suppliers should be aware of the recent changes made by the EU Parliament to the draft EU Data Protection Regulation (Regulation). If this amended version of the Regulation becomes law next year the obligations of SaaS suppliers who process personal data on behalf of customers will radically change. A summary of the current main proposed provisions is set out below.Continue reading