Data Processing Agreement GDPR Requirements: What You Need to Know
The General Data Protection Regulation (GDPR) is a comprehensive data protection law that came into effect on May 25, 2018, and applies to all companies that process the personal data of European Union (EU) citizens, regardless of where the company is based. One of the key requirements of the GDPR is that data processing agreements (DPAs) must be in place between data controllers and data processors.
What is a Data Processing Agreement?
A DPA is a legal agreement between the controller and processor that outlines the obligations and responsibilities of each party with respect to the processing of personal data. The GDPR requires controllers to use only processors that provide sufficient guarantees to implement appropriate technical and organisational measures in such a manner that processing will meet the requirements of the GDPR and ensure the protection of the rights of the data subjects.
The GDPR mandates certain provisions that must be included in a DPA, including:
1. The subject matter of processing, the duration of processing, the nature and purpose of processing, the type of personal data, and the categories of data subjects.
2. The obligations and rights of the controller, such as the obligation to provide instructions, the right to audit, and the right to terminate the agreement.
3. The obligations and rights of the processor, such as the obligation to process data only on the documented instructions of the controller, the obligation to implement appropriate security measures, and the obligation to ensure that persons authorised to process the personal data have committed themselves to confidentiality.
4. The requirement for the processor to assist the controller in fulfilling its obligations, such as the obligation to cooperate with the supervisory authority, the obligation to provide the controller with the necessary information to demonstrate compliance, and the obligation to carry out data protection impact assessments.
5. The requirement for the processor to provide sufficient guarantees to ensure the security of the processing, including the obligation to implement appropriate technical and organisational measures, as well as the obligation to report data breaches to the controller as soon as possible.
Why are Data Processing Agreements Important?
DPAs are important because they help ensure that personal data is processed in a manner that is compliant with the GDPR. They also help to clarify the responsibilities of each party in the processing of personal data. By requiring the inclusion of specific provisions in DPAs, the GDPR helps to standardise the language and format of these agreements, making it easier for companies to ensure compliance with the regulation.
In addition, DPAs can help to build trust between controllers and processors, as they provide a clear understanding of each party`s responsibilities and obligations. This can be particularly important when dealing with sensitive personal data, such as health information or financial data.
Conclusion
Compliance with the GDPR requires not only a thorough understanding of the regulation but also a commitment to implementing the necessary technical and organisational measures to protect personal data. DPAs are an essential tool in this effort, as they help to ensure that personal data is processed in a manner that is compliant with the GDPR, and they provide a clear understanding of the obligations and responsibilities of each party involved in the processing of personal data. By taking the time to draft and implement robust DPAs, companies can help to safeguard the personal data of EU citizens and build trust with their customers.