As the implementation date for the General Data Protection Regulation (GDPR) approaches, businesses are scrambling to ensure that they are compliant with the new regulations. One of the key components of GDPR compliance is a data processing agreement between the data controller and the data processor.
The GDPR processing agreement template is a document that outlines the responsibilities of both parties with respect to data processing. It is a legally binding document that ensures that all data processing activities are in compliance with the GDPR.
A GDPR processing agreement should include the following elements:
1. Data controller and processor details: This section specifies the contact details of both parties involved in the data processing agreement.
2. Purpose and duration of processing: The purpose and duration of the processing should be clearly stated. It should also specify the type of data that will be processed.
3. Roles and responsibilities: This section outlines the roles and responsibilities of both the data controller and processor. It should detail the conditions under which the data processor is authorized to process data, the measures they are required to take to ensure data security, and the obligations of the data controller to provide the necessary data.
4. Data protection measures: This section lays out the security measures that will be implemented to protect personal data, including encryption, access control, and the obligation to notify the data controller in the event of a data breach.
5. Data sub-processing: This section outlines the conditions under which sub-processing of data is permitted. It should specify the extent to which the data processor is authorized to delegate their processing activities to third-party service providers.
6. Termination: This section specifies the conditions under which the agreement may be terminated. It should also detail the obligations of both parties in the event of termination.
7. Liability and indemnification: This section outlines the liability of both parties in the event of a breach of the processing agreement. Additionally, it should specify the indemnification obligations of both parties in the event of third-party claims arising from the processing of personal data.
In conclusion, a GDPR processing agreement template is an essential document for ensuring that all data processing activities are in compliance with the GDPR regulations. It is critical that businesses take the necessary steps to implement robust data protection measures and ensure that all data processing activities are clearly defined in a legally binding agreement. By doing so, businesses can protect both themselves and their customers from the potential risks associated with non-compliance.