If you`re a business owner or data controller, you may already know that you need to have a data processing agreement in place with any third-party processor who handles your data. The General Data Protection Regulation (GDPR) and other privacy laws require it. But what exactly is a data processing agreement, and what should it include?
One specific example of a data processing agreement that businesses may encounter is the DLA Piper Data Processing Agreement. DLA Piper is a global law firm that provides legal advice on data privacy, security, and other related topics. They offer a standard data processing agreement template that businesses can use when contracting with a processor.
So, what`s included in the DLA Piper Data Processing Agreement? Here are some key points to consider:
1. Definition of terms: The agreement should define key terms such as “data controller,” “data processor,” “personal data,” and “processing.”
2. Scope of processing: The agreement should specify the types of data that will be processed and the purposes for which they will be processed. It should also outline the duration of the processing.
3. Data security: The agreement should outline the security measures that will be in place to protect the data, including physical, technical, and organizational measures.
4. Subprocessors: If the processor will use any sub-processors, the agreement should specify the conditions under which they may be used and the requirements that sub-processors must meet.
5. Data subject rights: The agreement should outline how data subjects can exercise their rights to access, rectify, erase, and restrict processing of their data.
6. Data breaches: The agreement should outline the procedure for reporting and handling data breaches.
7. Termination and deletion: The agreement should specify the conditions under which the agreement can be terminated and how the data will be deleted or returned to the data controller.
Note that this is not an exhaustive list, and the DLA Piper Data Processing Agreement may include additional clauses or requirements depending on the specific needs of the contracting parties.
Overall, a data processing agreement is an essential tool for ensuring compliance with data privacy laws and protecting the rights of data subjects. Consulting with a legal expert like DLA Piper can help businesses ensure that their agreements are comprehensive and enforceable.