Data processing agreements legal advice for mobile and web based applications
Mobile and Web based applications are improving businesses through smart use of technology systems to maximise product and/or service delivery. Data processing agreements legal advice has to be as smart to add value to businesses. Today possibly all information technology or businesses that use technology require data processing agreements legal advice. Applications must also interface and work with various internet services. This means back-end services. It also means data processing agreements.
Privacy and data-protection considerations
With mobile apps the back-end solutions and services are just as important as the front-end. Picking and choosing a server or cloud solution for things like storage, push notifications, user information and analytics also involves privacy and data-protection considerations. It is vital that businesses receive high quality data processing agreements legal advice with respect to the application processing and storage of personal data from the companies that are providing the back-end services. The market leaders of cloud based services are Amazon, Windows Azure and Rackspace. These companies’ in turn work with a number of sub-data processors like Parse who all offer a variety of back-end cloud solutions and services.
Of the big three cloud services providers Amazon Web Services is probably the most popular with hundreds of thousands of customers.
Data transfers outside the EEA
The problem is that in some instances (Parse for example) these cloud based servers are currently located in the eastern United States making those data transfers, transfers that are outside of the European Economic Area. This means compliance with the EU’s stringent legal requirements for transferring data outside of the EEA.
Amazon Web Services
In order to minimise its risk Amazon Web Services, require the signature of a data processing agreement. It is advisable that Data Controllers take specialist data processing agreements legal advice before signing this agreement. Getting legal advice has a cost attached so one option is for businesses to change to a European based server. For businesses that are already using servers based in the eastern United states it would be cost prohibitive for them to change to a European based server as the cost of moving everything over is usually around a minimum of £10,000.00. It is therefore more economical to get legal advice if the costs of that advice is less than the cost of moving to an EEA based server.
It is also important to get legal advice on responsibilities and obligations for the application processing and storage of data within the EEA not just for transfers outside the EEA, making getting legal advice an even more cost effective commercial proposition.
If you like this article on data processing agreements then you might like our articles on:
To book a face to face consultation for legal advice about non-disclosure, non-compete clauses, brand advice and intellectual property strategy, contact a specialist mobile app lawyer (charge rates may apply and may vary).