SaaS refers to a short-term of Software as a Service is implacably growing term for assisting and delivering an online application to the customers. It is a highly successful business model for online application development where the data privacy and protection is always in doubt. Before jumping into data protection and how it relates to SaaS business owners. Let go deep into what SaaS is and why data protection is so important.
Software as a Service (SaaS):-
Software application were used to be purchased wholly and completely which is downloaded directly to a device or tangible copy, now with growing technology of cloud computing it is been accepted across the globe to create a cloud-based application and charge as per subscription. With an emerging technology, the user can avail the functionality of an application from any location and any device. This business model is accepted and created with the ease of accessibility for the user.
While looking towards this business model the main concern for both companies and customer is about the trust for the data protection. The customer using SaaS will be entrusting a third-party provider with business processes, confidential company data/ information.
The customer needs to be aware of the data accessibility and data protection document from the SaaS provider. The access can be with the employees of the company while they have to ensure the security of the data. The data can be on both ends i.e. company & customer so it is important to be on track with all the privacy legislation to make sure about the collected data from the customers remains protected.
The functionality of the original product may be similar to SaaS product however the security of data and information are very much to be different. While the SaaS platform owner won’t be making copy or installing the software on its own device, but he must be acquiring the right and permission to access it as a service instead. To ensure client about his data is protected with us by following the GDPR.
The General Data Protection Regulation (GDPR):-
The data protection case scenario came into existence on May 25th 2018. While the legislation was designed by European Parliament back in 2016. With the evolving technology in computing, the previous 1995 data protection was outdated so it was necessary to have a revised data protection legislation likewise an advanced data legislation with the new technology. EU is always about their high standards data protection.
All the vendor across the globe needs to be aware about the requirement and are in complete compliances with them. The GDPR are applicable to the international companies that collected the data of EU citizen’s. Which includes the companies that are in EU soil and overseas companies who are offering services to EU clients.
The vendor has to comply with the GDPR ACT if they want to conduct their business with EU citizens else they will fall under the non-comply penalty.
This penalty includes administrative fines that can reach up to 20 million Euros or 4% of the company’s global annual turnover. The greater amount will be considered.
To avoid such penalty the company should follow the necessary GDPR requirement mentioned in the link.
A vendor or any business to become GDPR compliances needs to consider:-
The first step that needs to be checked is how the data moves in your organization. Documenting the way that the information flows in your company by making an inventory helps you demonstrate that you comply with GDPR.
Mapping the data will help any organization to track the problems of GDPR compliances.
If the data processes rely on a lawful basis then only data operations can be conducted. The dependency will be toward the lawful basis of the personal data being processed and the purposes for processing.
Business changing model GDPR. The company and client both need to understand the importance of the data privacy and needs to understand the principals of GDPR and procedure being implement for compliances.
Steps to be considered:
- Mapping for data performed by data processors
- Transparency of data with the user who uses to visits Application.
- Before acquiring, give informative notice to your employees, vendors, and clients as per GDPR.
- Configure your complex method to use explicit consent when processing sensitive personal data on your website.
- Data Controller should always co-operate with the Supervisory Authority regarding there task.
- An observation in the data processor is mandatory to keep a record for proof consent and security purpose.
- Required an observation on other GDPR compliant vendors since GDPR has no formatting rules to be followed.
- A formatted security procedure needs to be installed in order to gain report or detect/investigate data breaches internal as well as external. Where a complex data breach set-up is demanded a better outcome. However, if there is any data breach then required to report within 72 Hours of Turnaround time to Supervisory Authority unless the data was encrypted.
- Since the data protection is not a one-time project is a continuous process to collect the data and ensures the protection of the data and its proper use.
- A Complex data breach mechanism installation.
- All the procedure should in compliance with GDPR.
- Employee Customer and outliers contract should be updated.
- Secure data through the legit organization and technical measurements.
- The data transfer with any other company/vendor is GDPR compliant or not.
Optimization toward GDPR
Talking about GDPR, the vendor has to make aware to customers or visitor/users about GDPR compliant company with website optimization as per GDPR guidelines.
Opt-in form:– An legit format of getting the business information. An Info-graphic with the GDPR compliant is the best thing to start with concurrently following with the guidelines of Email Service Provider for GDPR, While some of the vendors go for double opt-in in order to avoid any consequences, but single opt-in works.
Cookies Consent:- While visiting ant GDPR compliant website will gather cookies to gain some information of the visitors where an short info has been provided to the visitor in order to there acceptances.
Other GDPR Compliant issue that needs to be considered which are important as well.
1) Data Transfer and disclose agreement:- Data transfer is a very important case while transferring the data outside of EU/EEA by data processors, where an approval is required from the companies authorized person. This Rule is also applicable to all the vendor who is in subcontract part of the business or service they provide.
2) Data Protection Impact Assessments (DPIAs):- The organization involves in high risk of data processing are suppose to fall for DPIAs likewise a new technology is implemented/installed or similar to large-scale monitoring to public data.
3) Legitimate Interests Assessments (LIAs):- LIA’s is the best practices exercise deployed by privacy specialist in reference to the situation where data controller looks for the legitimate interest likewise marketing operations. This exercise can consider legit as long as data controller can pursue it with reference to complies with data protection and other laws.
4) Data Protection Officer:- In order to run the GDPR compliances perfectly a Data Protection officer. An organization needs to hire DPO’s including public authority, organization, whose roles for this opportunity will be his/her involvement in the regular systematic monitoring of users personal data subject to a small and large-scale organization.
5) Processing Children’s Data:- Since GDPR has a serious regulation for acquiring data to children under 16 Years. In regards to this organization are assuring the data is it relates to checking of individual ages and gather consent of there guardians.
Mentor and Audit:-
Every business must acknowledge there relevance organization that the acquired data is protected by the law and they should be transparent with the same. Talking about transparency all the organization should define the scope of storing the specific data.
Collection the data should be in relation to the query or its need, no-irrelevant data should be stored. The Data shouldn’t be shared for non-relevance use or to any other organization without back checking it. Where it has to protect as well from hacking and even deleting it by the laws.
Moving towards GDPR there is a lot of space for improvement when it comes to protecting an individual. In the case scenario, the new beginning of ePrivacy Regulation will bring even more transparency and good enough to monitor and audit data on the regular basis.
Also below is the graph how companies are moving toward the GDPR:-