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GDPR compliance requires data controllers to sign a data processing agreement with any parties that act as data processors on their behalf.
Do processors have to sign a DPA with their sub-processors? Yes, even if you are not a controller, but a processor, and decide to outsource your activities you'll need to sign a DPA and ensure that any other sub-processor in the chain complies with the requirements of the GDPR.
What Should a GDPR Data Processing Agreement Include?Introduction. First, describe the purpose of the agreement.Definitions.Scope & General Details.Confidentiality.Responsibilities of the Controller.Responsibilities of the Processor.Data Security.Data Transfers.More items...?
Generally, you need a DPA whenever you rely on the qualifications and resources of third-party expertise to carry out your data processing. For comprehensive protection, the GDPR clearly defines the mandatory information for any DPA.
A data processing agreement, or DPA, is an agreement between a data controller (such as a company) and a data processor (such as a third-party service provider). It regulates any personal data processing conducted for business purposes. A DPA may also be called a GDPR data processing agreement.
The subject matter and duration of the processing; the nature and purpose of the processing; the type of personal data and categories of data subject; and. the controller's obligations and rights.
The main purpose of a Data Processing Addendum (DPA) is to protect the user's data in compliance with the GDPR or any other Privacy Laws. For example, you have a business that operates through a website and collects the information of the visitors visiting your website.
If your organization is subject to the GDPR, you must have a written data processing agreement in place with all your data processors. Yes, a data processing agreement is more annoying paperwork. But it's also one of the most basic steps of GDPR compliance and necessary to avoid GDPR fines.
With DPA terms included in the online service terms, there are no extra agreements required between the customers and partners of the controller to be GDPR requirement compliant for data processing.