SaaS Agreements – Data Protection – Brexit Update

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.

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SaaS Agreements – GDPR – Data Processing Agreement

Since the General Data Protection Regulation (GDPR) came into force on the 25th of May 2018, SaaS suppliers and SaaS customers are legally obliged to include a written data processing agreement (DPA) in the terms of their SaaS agreements. The DPA usually forms a schedule to the SaaS agreement and must include the specific and detailed mandatory obligations set out in the GDPR. SaaS suppliers should use their own DPA and resist any attempt by a SaaS customer to have them sign up to the SaaS customer’s DPA for the following reasons.

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SaaS Agreements – Terms and Conditions – Data Processing Agreement

Under the Data Protection Act 1998 (DPA) UK SaaS suppliers currently have limited obligations to SaaS customers when processing personal data as part of their SaaS services. However, from the 25th of May 2018 the General Data Protection Regulation (GDPR) will impose numerous new data processing obligations on SaaS suppliers. In particular, the obligation for SaaS suppliers to enter into a written data processing agreement with SaaS customers and sub-contractors.

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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 – Email Marketing and Consent

As a SaaS supplier you will undoubtedly be sending marketing emails in your own name to existing and potential clients to advertise your own products and services, or possibly as a SaaS service on behalf of a customer. In any event you should be aware that the Information Commissioner’s Office (ICO) has issued new guidance on direct marketing, with regard to complying with the Data Protection Act (DPA) and the Privacy and Electronic Communications Regulations (PECR) both of which apply to sending direct marketing to consumers (BTC).

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Templates

In addition to advising you on and providing tailor made SaaS agreements, SLAs, data processing agreements, website documents and IT law agreements generally, Bodle Law also provides non-customised templates for fixed fees to SaaS companies for use with their business customers as follows. SaaS Templates Data Processing Agreement (DPA) –

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Website Legal Requirements – Privacy Policy – Basics for your Website

If you are operating a website and require users to register in order to use your website or you are simply using Google analytics on your website then you are collecting and processing personal data. Under the Data Protection Act 1998, if you collect, store or process personal data you must provide specific information to the persons whose personal data you are using. This information is usually provided to users in a privacy policy which should be published on your website.

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SaaS Agreements – Data Protection – Customer Privacy Policy

SaaS Customers often ask or expect SaaS supplier’s to provide them with a privacy policy for use in conjunction with their SaaS products. SaaS suppliers should firmly refuse such requests. Firstly, as they could face liability claims from the customer if the privacy policy is in appropriate and secondly while you will have no adequate knowledge of the issues set out below, which will need to be covered in the privacy policy.

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Websites Legal Requirements – Cookies and Consent

From the 25th of May 2011 the legal requirements for UK website will change and website operators will need to obtain prior consent from users before placing cookies as a result of the Citizens’ Rights Directive. This will change the UK cookie consent policy from “opt out” to “opt in”.

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Website Law

Bodle Law provides English legal advice to business customers and suppliers on e-commerce law, website law and Internet laws. Irene Bodle is a specialist IT lawyer experienced in advising companies on e-commerce, Internet laws and website law. I will assist you in ensuring that your UK website and online business

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