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 reading
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 theContinue reading
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 reading
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.Continue reading
As a SaaS Supplier or SaaS customer you will be aware that the UK plans to leave the EU on the 29th of March 2019 – Brexit. In light of the various leaving scenarios currently being discussed of which a “no deal Brexit” is looking likely, it is essentail 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 Brexit.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 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 reading
Once the UK leaves the EU, the UK will no longer be a member of the EEA. UK SaaS suppliers will no longer be lawfully permitted to continue to transfer personal data of EU SaaS customers to the UK unless the UK government, or alternatively SaaS suppliers themselves, put in place measures to make the transfer legal under EU data protection laws.Continue reading
Similar to the rules under the Safe Harbor scheme, SaaS customer and SaaS suppliers need to self-certify their compliance with the principles of the Privacy Shield. The following are the core principles which must be adhered to.
Notice must be given to data subjects about specific issues;
Choice to opt out of disclosure of data to third parties;
Accountability for onward transfer to third parties;
EU data protection law prohibits SaaS suppliers and SaaS customers from transferring personal data to countries or territories outside the EEA unless they are considered to provide adequate protection. Below is a summary of the current position following the recent announcement that the EU-US Privacy Shield has been adopted by the EU Commission and will now replace Safe Harbor.Continue reading