After that, it`s time to dig deeper into the technical requirements that the data processor must meet in order to comply with the provisions of the GDPR. In accordance with Article 32 of the Regulation: This clause legally obliges the processor to provide the data subject with the requested information if he or she cannot access it himself. They are required to provide adequate support and data protection impact assessments, as well as prior consultations with the supervisory authorities or another data protection authority responsible for the subject matter. This may seem like an overwhelming list at first glance, but many elements look or work with others. Many of the others are obvious or necessary safeguards to ensure full compliance and open communication between the parties that share and process personal data and their regulators. They are determined between the data exporter and the data importer, i.e. the data processor and the data controller. These clauses may include the obligations of these two companies, a third-party beneficiary clause, a liability clause and a cooperation clause with the supervisory authorities. The processor should be able to take technical and organisational measures to assist the controller in processing the data subject`s requests to respond to his or her personal data.
To learn more about what the GDPR has to say about the role of the controller, read something from Article 24 here. Of course, you don`t need to sign a DPA every time you interact with third-party services. Below you will find 5 cases where no data protection authority is required, since compliance with data protection is already granted without additional contracts: The processor must take all security measures to ensure the protection of personal data. The controller must ensure that the scope of the processor`s DPA 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. By providing these clauses in the Agreement, the Data Controller limits its debt by providing the Data Processor with everything it needs to properly perform its tasks. GDPR compliance requires data controllers to sign a data processing agreement with all parties acting as processors on their behalf.
If you need definitions of these terms, you can find them in our article “What is GDPR”, but generally a data processor is another company you use to help you store, analyze or disclose personal data. For example, if you are a health insurance company and you share customer information via encrypted emails, this encrypted email service is a data processor. Or if you use Matomo to analyze traffic to your website, Matomo will also be a data processor. For example, the New York Times (NYT) uses Google BigQuery to collect data about it and analyze the articles people read, how long they stay on the site, and how often they use the NYT app. This is meaningful information for business decisions, and there is certainly a DPA between the NYT and Google that governs the use and management of this data. Please note that the law requires Europe to have an ODA. In other countries, it is strongly recommended (not required by law) to implement a data processing agreement so that the parties fully understand their respective responsibilities with regard to the collection, use and protection of personal data and in the event of an incident involving personal data. This means that concluding such a DPA helps to prove compliance and protect your company`s interests.
A processor must sign a DPA with all the subprocessors it works with. If the controller subcontracts certain data processing activities to a processor and they involve a processor, each must ensure sufficient data protection guarantees. If you rely on the GDPR to develop the DPA according to your needs, make sure that the content covered by Articles 28 to 36 is included in your agreement. The amount of information it contains can be overwhelming, but that`s all you need to make sure your draft is GDPR compliant. In this part of the contract, it is appropriate to include information according to which the processor must take all necessary technical and organizational measures before starting to process the personal data of users. All such records must be recorded in writing and made available to a supervisory authority upon request. Organizations with fewer than 250 employees are exempt from these requirements unless they regularly process data, process data that could compromise the rights and freedoms of data subjects, including, but not limited to, the processing of special categories of data or criminal history information. If your company hires an outsourced accounting firm to manage your payroll, provide them with employee names, positions, sick leave, salaries, etc. Your company acts as a data controller in this case.
Last week, the entry into force of the EU`s General Data Protection Regulation (GDPR) attracted a lot of attention. Virtually all companies that process personal data of EU citizens are affected and must take serious steps – both organisationally and technically – to comply with the new rules. An important element of the legislation is the obligation for controllers to conclude a data processing agreement (DPA) with processors. To help you prepare for the GDPR, last Wednesday we hosted a webinar on the specifics of a data processing agreement and the process of signing a contract with Tresorit. In this blog post, we`d like to summarize the key elements of our webinar to give you a complete picture of everything you need to know about an APD. If you want to create or update a data processing agreement, the information above should help you break down the requirements of the GDPR into easier to manage steps. For example, your company collects customer data for marketing and sales purposes. If you use another company`s services to store, analyze, structure, or delete data later, you will need to design and sign an DPA to ensure that the company never operates outside of GDPR compliance and misuses the data you provide. If your business is GDPR compliant, all the data processors you use should be, and that includes a compliant data processing agreement. For example, a healthcare provider may choose to purchase cloud-based patient management software that stores information about people`s medical care. While the software can be a great upgrade from paper-based systems or spreadsheets, the software provider is a third party that collects, stores, and communicates personal patient data. This requires an order processing agreement.
Today, data is one of the most valuable assets a company can work with. The DPA ensures that security measures and data processing activities comply with the guidelines of the GDPR and that data providers are able to prevent any misuse or potential breach of data. Article 30 requires controllers or their representatives to keep records of the processing activity under their control. This includes processing by the controller`s data processor in accordance with a data processing agreement. Articles 28 to 36 of the GDPR define their responsibilities, which must be addressed in the data processing agreement. Among other things, the data processor: These contracts ensure that all parties involved process personal data correctly and mainly specify the requirements that data processors must meet before becoming familiar with the data provided by the data controller. A data processing contract specifies the technical requirements that the controller and the processor must comply with when processing the data. This includes defining the conditions for storing, protecting, processing, accessing and using data.
The agreement also defines what a processor can and cannot do with the data. The GDPR regulates data processing in a broad form. It specifies that any operation carried out with personal data constitutes processing. For example, acts of collection, storage, disclosure or deletion of personal data are considered processing and fall under the GDPR. .
