SaaS 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

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SaaS Agreements – Data Protection – Microsoft must disclose data on EU server

Many SaaS customers falsely believe that if their SaaS data is stored in a data centre located in the EU it will be protected against disclosure to the US authorities. This is incorrect. The recent US court ruling against Microsoft has confirmed the position, namely that SaaS suppliers and SaaS customers who use data centres located in the EU, owned by US companies, cannot prevent US authorities from accessing their data.

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SaaS Agreements – Terms and Conditions – Email Marketing Rules

There are a number of guidelines and laws that have to be complied with when sending marketing emails and text messages in the UK. If you are a SaaS supplier who provides email marketing services as part of your SaaS services to customers you should ensure that your SaaS customers comply with the following rules and Regulations. Also do not forget that you may need to comply with the rules yourself when carrying out your own email marketing campaigns.

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SaaS Agreements – Data Protection – Data Stored in the USA

SaaS suppliers who use data centres physically located in the USA to store or process data should be aware of a recent US Court of Appeals ruling that the Electronic Communications Privacy Act (ECPA) – an American law – protects the data of non-USA citizens when their data is stored on servers in the USA.

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SaaS Agreements – E-Discovery

As a SaaS supplier you may be ordered by a court as part of a litigation process to identify and disclose physical documents and electronically stored information (e-discovery). This creates problems for SaaS suppliers on a number of levels.

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