The following TMT practice note provides comprehensive and up to date legal information covering:
STOP PRESS: On 7 September 2020 the EDPB published Guidelines 07/2020 on the concepts of controller and processor in the GDPR for consultation. Those (draft) guidelines include guidance on the relationships between controllers and processors, including requirements for contracts and that is otherwise relevant to the subject matter of this Practice Note. This Practice Note will be updated to reflect that development shortly.
This Practice Note on data protection and business-to-business cloud computing, including software as a service (SaaS), platform as a service (PaaS) and infrastructure as a service (IaaS) solutions, provides guidance on:
the implications of Brexit for the subject matter of this Practice Note
cloud computing and the GDPR
general obligations on customers (as controllers)
specific obligations on customers (as controllers) under Article 28
international personal data transfers
obligations on suppliers (as processors)
standard processing clauses, approved codes of conduct and certification schemes
sanctions and enforcement
considerations for cloud customers
considerations for cloud suppliers
negotiating cloud contracts
other information laws
overseas data protection laws
conflict of laws and the US CLOUD Act
This Practice Note covers the law under the General Data Protection Regulation (the GDPR) regime as it applies in the UK.
As further explained below, in the context of cloud computing, the customer will generally be a controller and the supplier a processor. Unless stated otherwise, references to the supplier or to
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The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
This Practice Note considers proprietary estoppel from a generic standpoint.For industry specific guidance on proprietary estoppel, see Practice Notes:•Estoppel and property law•Mortgages by estoppelProprietary estoppel—what is it?Unlike the other forms of estoppel (see Practice Note: Estoppel—what,
Tipping off and prejudicing an investigationIt would undermine the benefit to the authorities if, a suspicious activity report (SAR) having been made, the alleged offender were to be made aware of the interest in their activities so that they could take steps to cover up their misdeeds or disappear.
Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering service out of the jurisdiction. For guidance, see: Cross border considerations—checklist—Service—Brexit specific.This Practice Note explains when an acknowledgment of
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