Data processing agreements (DPAs) are an essential component of data protection and privacy laws. DPAs define the terms and conditions for the processing of personal data by third-party processors. This article will review an example of a data processing agreement to help you understand what it should include and how to ensure that your organization is compliant.
What is a Data Processing Agreement?
A data processing agreement is a legal contract between a data controller (the entity that determines the purposes and means of processing personal data) and a data processor (the entity that processes personal data on the controller`s behalf). The GDPR states that a DPA must be in place whenever data processing occurs between a controller and processor.
The purpose of a DPA is to establish the responsibilities and obligations of the processor when processing personal data on behalf of the controller. It is essential for the controller to ensure that the processor handles the data securely and in compliance with applicable data protection laws.
Example of a Data Processing Agreement
Here is an example of a DPA that can be used between a data controller and a data processor.
1. Introduction
The introduction should identify the parties involved, the purpose of the agreement, and the applicable laws and regulations.
2. Definitions
This section should provide a definition for any relevant terms used throughout the agreement.
3. Obligations of the Processor
This section should outline the specific obligations of the processor, including:
– Confidentiality: The processor must maintain the confidentiality of the personal data.
– Security: The processor must take appropriate technical and organizational measures to ensure the security of the personal data.
– Use of Sub-processors: The processor must obtain the controller`s prior written consent before engaging any sub-processors.
– Notification of Breaches: The processor must notify the controller without undue delay if there is a breach of personal data.
4. Obligations of the Controller
This section should outline the specific obligations of the controller, including:
– Lawful Processing: The controller must ensure that any personal data shared with the processor is processed in compliance with applicable laws and regulations.
– Cooperation: The controller must cooperate with the processor in providing any necessary information or assistance.
5. Term and Termination
This section should define the term of the agreement and the conditions under which the agreement can be terminated.
6. Liability
This section should outline the liability of each party in the event of a breach or violation of the agreement.
7. Miscellaneous
The miscellaneous section should include any additional clauses or provisions relevant to the agreement, such as governing law and dispute resolution.
Conclusion
Data processing agreements are crucial for ensuring the security and protection of personal data. This example of a DPA provides a framework for understanding what a data processing agreement should include and how it should be structured. It is essential to ensure that your organization is compliant with the relevant data protection laws and regulations and that you have a DPA in place whenever personal data is processed by a third-party processor.