SaaS Agreements – FAQs – Restricted Transfers

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:

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

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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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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