6 Grudzień 2020
Data Protection Agreement Checklist
Autor: Anna Pilsniak. Kategorie: Bez kategorii .
Processors` Checklist and Commitments The contract is important for both parties to understand their role in the handling of users` personal data and the obligations that flow from it. It ensures that the chain of responsibility is clear to each participant in the trial. 1.1.4 „Data protection laws” are EU data protection laws and, where appropriate, data protection or data protection legislation from another country; In case the term does not ring – a data processing agreement (DPA) or a controlled data processing clause is a legally binding document signed between two major players in the data processing under the RGPD – the person in charge of processing and the subcontractor. The General Data Protection Regulation (GDPR) comes into force on 25 May 2018. The RGPD is the most comprehensive data protection regulation since the 1995 European Data Protection Directive. The RGPD is a regulation that obliges companies to protect the personal data and privacy of EU citizens (EU data subjects). The new legislation imposes new severe fines for infringements and gives individuals substantial rights to use their data („data processing”) by companies carrying out transactions involving persons involved in the EU. The regulation also applies to U.S. companies because of their extraterritorial jurisdiction and scope and requires organizations that are subject to the regulation to comply with their data processing activities through a section 28 contract of the RGPD. Fines for non-compliance can reach 20 million euros, or 4% of annual turnover (depending on the highest value). Article 28 of the RGPD states that „treatment by a subcontractor is subject to a contract or other act… But what exactly does the treaty need to include and what are some common negotiating points that need to be known when negotiating a data processing agreement? This leaves no room for misinterpretation if the provisions of other agreements conflict with the requirements of the data protection authority.
If a data publisher processes on behalf of a data manager (such as CRMs, CDPs, analytics and many other user behavior analysis tools), you must have a written contract. 8. The data protection impact analysis and the pre-consultation subcontractor provide the company with appropriate support for all data protection impact assessments and prior consultations with supervisory authorities or other relevant data protection authorities that the company deems reasonably necessary under Articles 35 or 36 of the RGPD or the equivalent provisions of another data protection law. , in any event exclusively with regard to the company`s handling of personal data and taking into account the nature of the processing and data protection information. that are available to contract processors. Sections 28 to 36 of the RGPD outline the responsibilities that must be addressed in the data processing agreement. The subcontractor, among others: ☐ the subcontractor must delete all personal data (at the choice of the processing manager) at the end of the contract or return it to the processing manager, and the subcontractor must also delete existing personal data, unless the law requires its storage; and (B) The company wishes to provide the data processor with certain services that involve the processing of personal data. This is where the data processor should demonstrate its efforts to ensure the full data security of the person in charge of the processing. Among other things, you should describe: Download our checklist to see if your controller processor agreements cover all the necessary points.