Do I Need A Data Processing Agreement
There is no specific format and controllers usually offer their form of data processing agreement when employing a processor. The essential requirement is that the content of the data processing agreement complies with the legal requirements of the GDPR and that the contracting parties are free to define the form or layout and any additional clauses they may wish to include (e.g. B data breaches, contacts between the data protection officers of both parties and the procedure for processing a personal data breach in which personal data Subject to the data processing agreement). If you exchange personal data with other parties, you should have a data processing agreement. Articles 28 to 36 of the GDPR cover the requirements applicable to data processing and data processing agreements. Let`s take a look at slightly more specific responsibilities of different roles. To be more precise, the GDPR defines the GDPR as a legally binding document to be introduced between the data controller and the data processor, either in writing or electronically. The DPA acts as an agreement that clarifies the responsibilities, obligations and clauses applicable to all parties involved. Who, when and how? Who signs a DPA? The main parties involved in signing a DPA are of course the data controller and data processors, but any other parties involved in your organization`s data processing should also be involved. An example of another party involved would be a subcontractor – let`s say your organization has outsourced accounting to Company B, but Company B outsources payroll tasks to Company C as part of its mission.
Company C then becomes a sub-processor and Company B and C should sign a CCA with your organization. Any party that plays a role must be well informed of its obligations and has the same legal obligations with regard to compliance with the GDPR as the “original processor”. What`s in a DPA after the GDPR? Whether you are a controller submitting a DPA with a processor or you are a processor with a subcontractor, it may seem difficult to ensure that the specific wording of your DPAs meets these requirements. Fortunately, the European Commission has published examples of standard clauses for controllers, subcontractors and subcontractors. While these clauses are designed for international data transfers, an EU-approved standard clause language is used to allow organisations to access a true contractual language that complies with the requirements of Article 28. However, with many ambiguous requirements for data controllers, subcontractors and subcontractors, companies may still have questions about certain legal requirements, for example. B what must be included in a data processing agreement. These data processing agreements (DPA) are essential to ensure the privacy of data subjects` personal data..
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