The GDPR (General Data Protection Regulation) is a regulation that came into effect on May 25, 2018, aiming to protect the personal data of individuals in the EU (European Union). This regulation imposes several obligations on businesses that handle or process personal data of EU citizens.
One of the critical requirements under the GDPR is the need to have a data processing agreement (DPA) in place between the data controller and its service providers or processors. A DPA is a legal agreement that outlines the responsibilities and obligations for both parties involved in the processing of personal data.
In this article, we will discuss the requirements for a data processing agreement under the GDPR.
1. The scope of the DPA:
The DPA should clearly state the scope of its application. It should detail the specific types of personal data to be processed, the categories of data subjects, and the purpose of processing the data.
2. Confidentiality:
The DPA should include confidentiality clauses that ensure that the processor keeps the personal data confidential and does not disclose it to any third parties without explicit authorization from the data controller.
3. Security measures:
The GDPR requires that data controllers ensure that appropriate security measures are in place to safeguard personal data from unauthorized access, alteration, or disclosure. The DPA should, therefore, include provisions that describe the technical and organizational security measures implemented by the processor.
4. Data subject rights:
Under the GDPR, data subjects have several rights, such as the right to access, rectify, and delete their personal data. The DPA should outline the procedures and mechanisms by which these rights can be exercised by data subjects.
5. Record keeping:
The GDPR requires both data controllers and processors to maintain records of processing activities. The DPA should specify the records that the processor is required to maintain and share with the data controller.
6. Transfers:
The GDPR prohibits the transfer of personal data outside the EU unless certain conditions are met. The DPA should specify the conditions under which the processor is authorized to transfer personal data outside the EU.
7. Sub-processing:
The DPA should require the processor to obtain the data controller`s prior authorization before engaging a sub-processor. The authorization should detail the sub-processor`s obligations and requirements under the GDPR.
In conclusion, a DPA is a crucial document that outlines the responsibilities and obligations of both data controllers and processors under the GDPR. Businesses that handle or process personal data of EU citizens must ensure they have a DPA in place that meets the GDPR`s requirements. Failure to comply with these requirements can result in severe penalties and damage to the business`s reputation.
