Why Have A Data Processing Agreement
What does the definition of the RGPD really mean? As before, there must always be a written contract when a company processes personal data on behalf of another company, but even a “basic” clause will now be much longer and more detailed and will often be available on a few pages of text. In addition, a processor is only authorized to use data processors that provide sufficient safeguards to implement appropriate technical and organizational measures to meet the requirements of the RGPD and protect the rights of the individual concerned. Examples of factors to consider when assessing a subcontractor`s adequacy; Are: the extent to which the subcontractor can demonstrate compliance with industrial standards (if any); If the subcontractor has sufficient technical expertise to assist the processing manager in fulfilling its obligations under the RGPD, the subcontractor can provide relevant documents, such as a data protection directive, a data management directive and/or an information security directive; The RGPD has no legal restrictions on the form of the data processing agreement, but there are standard contractual clauses widely used by EU companies. Given the complexity of the task, it is advisable to have a data processing agreement as a separate document. The processing manager must ensure that the scope of the subcontractor`s CCA does not exceed the original legal basis for data processing. In other words, the outsourcing company should be able to use the data for purposes defined in the agreement. It is the controller`s responsibility to check how the processor uses the data it transmits to them. ☐ the subcontractor must take appropriate measures to ensure the safety of the processing; It defines a legal agreement between the person in charge of the processing and the subcontractor. It binds these two in an agreement, either in writing or in a plan. A more in-depth overview of the use of data is emerging. It subtly determines the characteristics that need to be shared between the controller and the processor. The data processing agreement, as it is commonly referred to, is an important contractual document that outlines the responsibilities and responsibilities of the processing manager and subcontractor.
When a subcontractor uses another organization (i.e. a subcontract or “other” processor) to support the processing of personal data on behalf of a processor, it must have a written contract with that subcontractor. LinkedIn or Facebook, for example, can take stock of your personal images, chats and comments. Prior to the RGPD, several data processing organizations treated their CRM or database as a gold mine. They were aware that sensitive information is nothing less than a gold rush. They have drilled users` habits, interests and behaviour to acquire ideas.