SaaS Agreements – GDPR – EU-US Privacy Shield Invalid

On the 16th of July 2020 the EU-US Privacy Shield was ruled invalid with immediate effect by the European Court of (“CJEU”). The steps that SaaS suppliers now need to take depend on the scale and type of international data flows and the transfer mechanisms used. If you rely solely upon the EU-US Privacy Shield for transfers to the US, you must replace the Privacy Shield with the EU Commission’s Standard Contractual Clauses (“SCCs”).

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SaaS Agreements – Brexit – Transition Period

Brexit has now taken place and the UK has left the EU. However until the end of the transition period the UK is still treated as being part of the EU to enable an EU trade deal to be negotiated. This means that although SaaS suppliers and SaaS customers can continue to lawfully process and transfer personal data between the EU and the UK until the expiry of the transition period on the 31st of December 2020, SaaS suppliers and SaaS customers still need to take action now to amend existing documents to reflect that fact that the UK is no longer part of the EU.

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Website Legal Requirements – Cookies and Consent Policies

As a result of changes to the EU Privacy and Electronic Communications Directive, it is now unlawful to use cookies to collect user data without first obtaining explicit consent. Accordingly, the Information Commissioner’s Office (ICO), which is responsible for ensuring that websites comply with the new cookie law, has implemented a technical solution on its own website with the result that traffic to it plummeted.

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