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.
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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.
Continue readingSaaS Agreements – Data Protection – Privacy Shield Approved
EU data protection law prohibits SaaS suppliers and SaaS customers from transferring personal data to countries or territories outside the EEA unless they are considered to provide adequate protection. Below is a summary of the current position following the recent announcement that the EU-US Privacy Shield has been adopted by the EU Commission and will now replace Safe Harbor.
Continue readingSaaS Agreements – Data Protection – EU US Privacy Shield
A new privacy agreement called the Privacy Shield has been agreed by the US and EU to replace the safe harbour scheme. The Privacy Shield is based upon safe harbour but has additional protections, particularly with regard to public authority access to personal data. The Privacy Shield must now be reviewed by the European Commission before it can be relied upon and adopted by SaaS suppliers or customers. The European Commission is currently assessing whether or not the Privacy Shield provides adequate protection in accordance with EU data protection laws. This process is expected to take up to 3 months.
Continue readingSaaS Agreements – FAQs – Transferring Data Outside the EEA
When negotiating a SaaS agreement with SaaS customers you will often need to transfer customer data outside of the EEA (European Economic Area). This could be at the request of your customer or more usually because you have a sub-contractor such as a data centre located outside of the EEA. SaaS suppliers should be aware of the following in order to comply with their duties under the Data Protection Act.
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