SaaS suppliers and SaaS customers can only lawfully transfer personal data to sub-processors located outside of the UK, Switzerland or the EEA, (make a restricted transfer) if a recognized transfer mechanism is in place to protect the personal data being transferred.
Continue readingTag: DPF
SaaS Agreements – FAQs – Restricted Transfers
Restricted transfers are a type of international data transfer to which special rules apply. SaaS suppliers and SaaS customers are responsible for complying with the relevant rules when making or permitting restricted transfers of personal data to their suppliers, customers, sub-processors, group companies and partners.
What is an international data transfer?
An international data transfer occurs when personal data is sent or transmitted from one country to another.
This includes:
Continue readingSaaS Agreements – FAQs – Transfer Mechanisms
Below is a summary of the transfer mechanisms that can be relied upon to make a lawful transfer of UK, Swiss or EEA personal data to a country outside of the UK, Switzerland or the EEA.
Adequacy is granted when a recipient country is deemed to have data protection laws and practices similar to those of the sending country.
Continue readingSaaS Agreements – Data Protection: UK-US Data Bridge
On Friday the 22nd of September the UK agreed its own transfer mechanism which can be used instead of UK standard contractual clauses.
From the 12 October 2023, SaaS Suppliers and SaaS Customers can start to transfer UK personal data to entities located in the USA provided that the US entity is certified under the new “UK Extension to the EU-US Data Privacy Framework” (UK-US Data Bridge).
This now means that all transfers of UK personal data made to US companies certified under the UK-US Data Bridge by SaaS companies will be deemed to be to a third country that has adequate data protection laws.
Once a US organisation has been certified and is publicly placed on the DPF List they can receive EU personal data through the DPF.
Continue readingSaaS Agreements – Data Protection: EU-US Data Privacy Framework (DPF)
In July 2023 the EU-US Data Privacy Framework, (DPF) was finally agreed between the EU and the USA. The DPF now provides a new transfer mechanism for SaaS suppliers and SaaS customers to use when transferring EU personal data to the USA. The DPF can be used instead of EU standard contractual clauses.
This means that all transfers of EU personal data made to US companies certified under the DPF by SaaS companies will be deemed to be to a third country that has adequate data protection laws.
Continue readingSaaS Agreements – Data Protection – Restricted Transfers
SaaS suppliers and SaaS customers currently have to comply with complicated rules and include onerous obligations in their SaaS agreements, data processing agreements and data privacy practices to lawfully make restricted transfers of personal data when proving SaaS services. Before making any restricted transfers of personal data, SaaS suppliers must ensure that the specific safeguards required under the UK GDPR and the EU GDPR are in place.
Continue readingSaaS Agreements: EU-US Adequacy Decision – Update
Following the Schrems II judgment, the EU-US Privacy Shield was declared invalid, meaning that SaaS suppliers and SaaS customers have to use standard contractual clauses (SCS) or BCRs when making transfers of EEA (or UK) personal data to the USA. In addition, SaaS customers and SaaS suppliers are required to carry out a data transfer impact assessment (DTIA) prior to transferring any personal data from the EEA or UK to a “third country” i.e. the USA.
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