How Do You Make SAAS Agreements GDPR Compliant?

To make SaaS agreements GDPR compliant, businesses must first identify their role in the data processing ecosystem typically, SaaS providers act as data processors, while clients are the data controllers. This distinction requires the SaaS provider to follow the instructions of the data controller regarding the processing of personal data. Next, businesses must ensure that they have documented the legal bases for processing personal data, as required by GDPR, and follow the principle of data minimisation by collecting only the data necessary for the intended purpose.

Consent management systems should be in place to obtain, record, and allow users to withdraw consent for data processing. Additionally, the platform must allow users to easily exercise their GDPR rights, such as accessing, correcting, deleting, or transferring their data. Clear data retention and deletion policies should also be established, ensuring that personal data is not kept longer than necessary.

Security measures, such as encryption, access control, and regular security audits, should be implemented to protect personal data, and a data breach notification protocol must be in place to comply with GDPR’s 72-hour notification requirement. If the SaaS platform transfers data internationally, it must ensure that it follows the appropriate protocols, such as using Standard Contractual Clauses or ensuring adequate protection in the recipient country. Finally, businesses should have a Data Processing Agreement (DPA) with clients that clearly outlines roles and responsibilities in handling personal data and ensures that privacy is embedded into the design and operations of the SaaS platform. Regular audits, staff training, and third-party reviews can help maintain ongoing GDPR compliance.