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The contract is important so that both parties understand their responsibilities and liabilities.If a processor uses another organisation (ie a sub-processor) to assist in its processing of personal data for a controller, it needs to have a written contract in place with that sub-processor.
A data processing agreement (DPA) is a legal document signed by the controller and the processor either in written or in electronic form, the purpose of which is to regulate the terms and conditions of EU citizens' personal data processing.
The processor agrees to process personal data only on written instructions of the controller. Everyone who comes into contact with the data is sworn to confidentiality.The processor will help the controller uphold their obligations under the GDPR, particularly concerning data subjects' rights.
The subject matter of processing. The duration of the processing. The nature and purpose of the processing. The type of personal data involved. The categories of data subject. The controller's obligations and rights.
A Controller and Processor should enter into a Data Processing Contract which must, at a minimum, contain the following details: The subject matter, duration, nature and purpose of the data processing; The type of personal data being processed; The categories of data subjects whose personal data is being processed; and.
Contracts must set out: 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.