As businesses around the world grapple with the General Data Protection Regulation (GDPR) – a set of rules governing data protection and privacy of individuals in the European Union (EU), it`s no surprise that many companies are looking for sample GDPR data processing agreements. This agreement outlines the responsibilities of each party in the processing of personal data.
For those who are unfamiliar with GDPR, the regulation seeks to protect the privacy of all EU citizens and ensure that their personal data is being handled in a manner that meets their expectations. GDPR applies to any company that collects, processes, and stores personal data belonging to EU individuals, regardless of where the company is located.
A data processing agreement (DPA) is a legal document that outlines the responsibilities of both data controllers and data processors concerning personal data. A DPA is essential for companies that process personal data on behalf of other businesses or organizations and should be clear, concise, and fully compliant with GDPR regulations.
With that in mind, here are some things to keep in mind when drafting or reviewing a sample GDPR data processing agreement:
1. Identify the parties: A GDPR-compliant data processing agreement must identify the data controller and data processor. The data controller is the entity that decides what personal data will be collected and how it will be used, while the data processor is the entity that processes the personal data on behalf of the data controller.
2. Define the scope: The GDPR requires that the scope of the agreement is clearly defined. This includes the purpose of the processing of personal data, the categories of personal data to be processed, and the type of processing to be performed.
3. Describe the nature of the processing: The DPA must describe the type of processing activities that the data processor will undertake on behalf of the data controller. This includes data collection, storage, transfer, and deletion.
4. Outline security measures: The agreement must describe the technical and organizational measures that the data processor will use to protect the personal data being processed. This includes the physical, technical, and organizational measures that are necessary to ensure appropriate security and confidentiality of the personal data.
5. Detail data breach notification: The GDPR requires that data breaches be reported to the data controller and, in some cases, to the supervisory authority within 72 hours. The DPA must clearly outline the procedure that the data processor will follow in the event of a data breach.
In conclusion, a sample GDPR data processing agreement must be GDPR-compliant and clear to both the data controller and processor. It is essential to ensure that all parties understand their responsibilities and that all necessary measures are in place to protect personal data. With the right preparation, companies can ensure full compliance with GDPR, protecting themselves and their customers.