In September 2013 the Information Commissioner’s Office (ICO) published a lengthy guide to Direct Marketing. The guide covers compliance with the Data Protection Act 1998 (DPA) and the Privacy and Electronic Communications Regulations 2003 (PECR) in relation to the sending of unsolicited marketing. SaaS suppliers who are sending unsolicited marketingContinue reading
SaaS Suppliers who will be processing personal data of Russian citizens on behalf of SaaS customers need to be aware of amendments to the Russian Federal Law on Personal Data. From the 1st of September 2015 changes to this Russian law may prohibit foreign SaaS suppliers from processing personal data of Russian citizens on servers located outside of Russia.Continue reading
Many SaaS suppliers use personal data, collected on behalf of SaaS customers, in an anonymised form for their own purposes, such as benchmarking. The UK Information Commissioner’s Office (ICO) Anonymisation Code and more recently the Article 29 Working Party’s Opinion on Anonymisation provide guidance on how to check that personal data is actually anonymous.
If you are a SaaS provider using anonymised personal data you should comply with the recommendations in these two guides, to ensure that you are properly anonymising data, otherwise you could be found to be using personal data in breach of the DPA.Continue reading
UK SaaS suppliers who provide cloud computing services to SaaS customers located outside of the UK are increasingly being required to comply not just with UK data protection law, but also the data protection laws of the countries in which the SaaS customer and its clients are based. This increasingly creates problems for SaaS suppliers, as data protection laws generally assume that data is stored/processed in one place. However when operating in the cloud data is often moved between jurisdictions and often it may be unclear exactly where data is being stored or processed and who is storing and processing it.
Two recent cases against Facebook and Google show the extent of this developing problem.Continue reading
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.Continue reading
Employees are increasingly using their privately owned devices (i.e. Ipads, tablets, mobile phones and laptops) for business purposes and may be accessing SaaS customer data using them. SaaS suppliers who allow staff to use such “bring your own devices” (BYOD) for work purposes should be aware of their duties to protect any SaaS customer personal data being accessed by staff using such BYODs.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
SaaS suppliers are increasingly dealing with subject access requests (SARs) and freedom of information requests (FOIAs) in relation to SaaS customers. Excessive time and costs can be spent dealing with such requests, unless a SaaS supplier’s obligation to comply with or assist a SaaS customer with such requests is clearly defined in the terms of the SaaS agreement.Continue reading
Under the Data Protection Act (DPA), SaaS customers are required to take “appropriate technical and organisational measures” to prevent the unauthorised or unlawful processing of personal data and accidental loss or destruction of, or damage to, personal data. SaaS providers who process personal data on behalf of SaaS customers are required to include such obligations in their SaaS agreement (or SLA).Continue reading
n January 2013 Sony was fined 250,000 GBP for failing to take “appropriate technical measures” to protect the security of personal data stored on its PlayStation Network (PSN) in breach of the Data Protection Act (DPA). In light of the lack of guidance currently provided by the Information Commissioner’s Office (ICO) on data protection security SaaS suppliers should be aware that the ICO plans to draw up new guidelines.Continue reading