Data Processing Agreement

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Data Processing Agreement

A Brief Introduction About Data Processing Agreement

Data Processing Agreement is the legally binding document to be entered into between the processor and the controller. The agreement is in writing or in electronic form. It regulates the particularities of data processing. It regulates as per its scope and purpose. It represents the relationship in the middle of the processor and the controller.

Who Takes the Data Processing Agreement?

It is a judicial agreement signed by both the parties’ controller and processor. The agreement is in the electronic form and in writing form. In other words, you have Double proof of the agreement. In the agreement, it is clearly mentioned the controller Hallows processor to work on the data processing and the transfer of data. But, the processor can transfer the data on behalf of the controller in the limitations.

Purpose of the Data Processing Agreement

The GDPR needs data controllers to get the measure to safeguard the protection of personal data. When the data controller decides to get certain data processing addendum activities, it must be able to tie up with suppliers and sub-processors. As well as that, they provide a sufficient guarantee to protect the data. They protect the data in a GDPR compliant manner.

Contents of the Data Processing Agreement

What is data processing meaning? The meaning of data processing already mentioned above. Now, you need to know about the important facts of the data agreement. What are things included in a DPA? The GDPR is perspective when the talk is about DPA requirements. According to article 28 sessions 3, it must include all the specific details about the processing of personal data.

  • The duration of the processing
  • The nature and purpose of processing
  • The type of personal data
  • The category of the data subject
  • The controller’s right or obligations

How to Draft the Data Processing Agreement?

What things you have to watch out of when you’re asking a DPA? Here is the list of some facts of which you need to consider before sign DPA.

It is one of the most important elements of DPA, whether the processor provides the required guarantee for the protection of data that is transferred to them. Under the GDPR agreement, if there is a data breach and if it’s on the side of the processor then as the control you are responsible for it. Importantly, you have to choose the professional processors who implement sufficient measures to minimize the risk of a data breach. Moreover, the processor also gets sufficient measures to the effect of the breach.

The data processes or not able to process the data for any other purpose rather than the purpose of DPA for outsourcing. Accordingly, you are able to check why the processor will be used to transfer the data. You have to check that the server used for its own purposes or processor intends to use the data for the contract. You need to know about the scope of processes DPA and of making sure it is not broader than the legal basis.

Negotiation Strategy

What do you want to know about the DPA agreement? Before sign, the DPA agreement, the unit will catch the negotiation strategies. These strategies are good to sign the agreement properly and mentioned all the terms and conditions. If you are unable to do whom negotiation, then you have the right professionals.

Benefits & Drawbacks of the Data Processing Agreement

What is the role of the data processing agreement template? You will be able to understand the benefits of the template of a data processing agreement. As well as that, you know about all the facts of which are included in the template. Here is the list of benefits and drawbacks of the data processing agreement

Benefit

  • Instantly transfer the data: In the absence of a controller, the controller hires the processor who works on behalf of Comptroller and follows the right instructions to transfer the data and work on the means and the purpose of data processing. It is beneficiary for all the controllers and the higher the interested processor to transfer the data rapidly.
  • Time-saving: What is a data processing agreement? It is an agreement that settles down between the processor and controller. In the agreement, all the terms and conditions are mentioned including duration of handing out, type, category, applications, rights or the timing.

Drawback

  • Misuse of data: When the controller allows the processor to transfer the data then they are doing misuse of it. In all these cases, you have to choose a reliable processor.

What Happens in Case of Violation?

In numerous cases under violation happens. Sometimes, the data processor uses the server for personal use, and it is not valid. The data processes transfer the data to wrong parties, or sometimes they left the data. Mostly, these cases happen and it is good to make an agreement to avoid all these problems.  Even so, it is good to prevent the misuse of personal data(1).

What does a data processor do?  A data processor is a person who processes all the data on behalf of the controller. As well as that, he or she is following all the controllers’ instructions. In the absence of the controller, the data processor completes all the work accordingly. That’s why; it is required to set up an agreement between controller and processor. The agreement is legal proof to avoid entire problems between the controller and the processor. If the data processor uses the server for personal use, then the data controller can file a case or get other judicial actions. As well as, all the things are mentioned in the agreement.