SaaS Agreements – Data Protection – New obligations for SaaS Customers

From the 25th of May 2018 the EU General Data Protection Regulation (GDPR) will come into force and change existing UK data protection laws. The GDPR will place further more onerous obligations on SaaS customers (data controllers) in relation to all data processing. SaaS customers need to amend the terms of their existing SaaS agreements and privacy policies and implement the changes into internal policies and procedures in order to comply with the upcoming changes in UK data protection law.

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SaaS Agreements – Data Protection – New Obligations for SaaS Suppliers

From the 25th of May 2018 the EU General Data Protection Regulation (GDPR) will come into force and change existing UK data protection laws. The GDPR will place direct obligations on SaaS suppliers (data processors) in relation to data processing activities. In addition SaaS customers (data controllers) and their clients (data subjects) will be able to enforce breaches of the new rules directly against SaaS suppliers. SaaS suppliers need to amend the terms of their existing SaaS agreements in order to comply with the upcoming changes in data protection law.

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SaaS Agreements – Data Protection – Cyber Insurance

Currently most SaaS suppliers and SaaS customers do not take put specific cyber insurance and rely upon the provisions of a general insurance policy to cover liabilities in the event of a claim for a cyber incident or a data breach. This is partly due to the fact that few insurers offer adequate cyber insurance policies and SaaS customer and SaaS supplier’s failure to consider the need for a specialist policy of insurance, to ensure that they are covered in the event of a claim being denied under a general insurance policy.

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SaaS Agreements – Terms and Conditions – Risk Assessment

SaaS customers often complain that the security provisions in SaaS agreements are inadequate and lack transparency. Following a risk assessment, often using external auditors and regulators, SaaS customers often ask SaaS suppliers to add numerous additional terms and warranties to their SaaS terms. By including the security provisions set out below in your standard SaaS agreement, SaaS suppliers can avoid having more rigorous provisions imposed upon them.

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