What is a GDPR data processing agreement?
Virtually every business relies on third parties to process personal data. Whether it’s an email client, a cloud storage service, or website analytics software, you must have a data processing agreement with each of these services to achieve GDPR compliance.
What needs to be in a data processing agreement
GDPR Article 28 Section 3, explains in detail the eight topics that need to be covered in a DPA. In summary, here’s what you need to include:
- 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.
- All appropriate technical and organizational measures are used to protect the security of the data.
- The processor will not subcontract to another processor unless instructed to do so in writing by the controller, in which case another DPA will need to be signed with the sub-processor (pursuant to Sections 2 and 4 of Article 28).
- The processor will help the controller uphold their obligations under the GDPR, particularly concerning data subject’s rights .
- The processor will help the controller maintain GDPR compliance with regard to Article 32 (security of processing) and Article 36 (consulting with the data protection authority before undertaking high-risk processing).
- The processor agrees to delete all personal data upon the termination of services or return the data to the controller.
- The processor must allow the controller to conduct an audit and will provide whatever information necessary to prove compliance.
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