Why Do We Need A Data Processing Agreement

The data processing agreement, as it is commonly known, is an important contractual document that defines the responsibilities and responsibilities of the controller and the processor. If a processor uses another organisation (i.e. a sub-processor or a “different” processor) to support its processing of personal data on behalf of a controller, it must have a written contract with that processor. Article 28(3) of the GDPR explains in detail the eight topics that must be addressed in a DPA. In summary, what you need to include is this: The GDPR actually requires data controllers to have adequate data processing agreements when using a data processor, even though these contracts were already crucial to protect data controllers and their data subjects before the GDPR. Processing by a processor shall be subject to a contract or other legal act under Union or Member State law which is binding on the processor vis-à-vis the controller and which defines the object and duration of the processing, the nature and purpose of the processing, the nature and purpose of the processing, the nature of the personal data and the categories of data subjects as well as the obligations and rights of the controller. These contracts ensure that all parties involved process personal data correctly and primarily define the requirements that data processors must meet before being approved with the data provided by the data controller. If you are a business owner subject to the GDPR, it is in your best interest to have a data processing agreement: first, it is necessary to comply with the GDPR, but the DPA also gives you assurance that the data processor you use is qualified and capable. As set out in recital 81, the controller must ensure that the scope of the data protection authority of the processor does not exceed the initial legal basis for the data processing. In other words, the outsourcing company should only be able to use the data for the purposes set out in the agreement. It is the responsibility of the Data Controller to verify how the Processor uses the data it transmits to it. There are a few other things that data controllers want to make sure they have included them in their data processing agreements.

You may have approached your organization to enter into a data processing agreement and wondered whether it is mandatory to do business under the GDPR or whether a simple clause stating “The service provider undertakes to comply with applicable data protection laws” is sufficient to comply with the General Data Protection Regulation (EU 2016/679) (“GDPR”). The GDPR requires that a controller who engages a processor must conclude a written contract or legal act in accordance with Article 28(3) of the GDPR. These articles constitute the core of the GDPR guidelines regarding data processing agreements and the components of such agreements. This can be a lot to understand when you first read it, so let`s go over the key points as they apply to you and your GDPR-compliant data processing agreements. Whether you are a data controller, a data processor, or both, it is important to understand data processing agreements and have them when needed. It`s likely that your customer, who is also a data controller, will only tell you what to do. In addition, as a subcontractor, you will have to take all the measures of the organization and comply with the technical requirements set out in the DPA. .