restricted transfers

SaaS Agreements – FAQs – Restricted Transfers

23/10/2023 Irene Bodle

Restricted transfers are a type of international data transfer to which special rules apply. SaaS suppliers and SaaS customers are responsible for complying with the relevant rules when making or permitting restricted transfers of personal data to their suppliers, customers, sub-processors, group companies and partners.

What is an international data transfer?

An international data transfer occurs when personal data is sent or transmitted from one country to another.

This includes:

SaaS Agreements – FAQs – Transfer Mechanisms

04/10/2023 Irene Bodle

Below is a summary of the transfer mechanisms that can be relied upon to make a lawful transfer of UK, Swiss or EEA personal data to a country outside of the UK, Switzerland or the EEA.

Adequacy is granted when a recipient country is deemed to have data protection laws and practices similar to those of the sending country.

SaaS Agreements – Data Protection – Restricted Transfers

04/07/2023 Irene Bodle

SaaS suppliers and SaaS customers currently have to comply with complicated rules and include onerous obligations in their SaaS agreements, data processing agreements and data privacy practices to lawfully make restricted transfers of personal data when proving SaaS services. Before making any restricted transfers of personal data, SaaS suppliers must ensure that the specific safeguards required under the UK GDPR and the EU GDPR are in place.

SaaS Agreements – Data Protection – Does your DPA and Sub-Processor List need updating?

20/06/2023 Irene Bodle

Meta were fined 1.2 billion Euros for breaches of EU data protection law and for transferring personal data of EU users to the US despite, using standard contractual clauses, (SCCs), having in place supplemental measures and carrying out data transfer impact assessments, (DTIAs). Google has also been pursued in various EU member states for similar breaches.

In light of these decisions, SaaS suppliers should review their own data protection practices and documentation to ensure that they are up to date and comply with the current rules.

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