The General Data Protection Regulation (GDPR) has had a significant impact on businesses across various industries. With the rise of data breaches and cyber attacks, the EU introduced GDPR to enhance the protection of personal data of individuals within the EU. One significant aspect of GDPR is the need for a Data Sub Processing Agreement between businesses who handle personal data.
A Data Sub Processing Agreement (DSPA) is a legal contract between a data controller and a data processor, in which the processor agrees to handle personal data only as instructed by the controller. The GDPR requires that any data processor must sign a DSPA as a part of their obligation to protect personal data.
For businesses that require a DSPA, the process of creating an agreement can be time-consuming, and if not done correctly, it can lead to legal complications. Fortunately, there are GDPR Data Sub Processing Agreement Templates available that can help businesses create a legally compliant DSPA without the need for a lawyer`s assistance.
A GDPR Data Sub Processing Agreement Template is a pre-built legal agreement that outlines the obligations and responsibilities of both the controller and processor when it comes to handling personal data. The template is customizable and enables businesses to quickly and easily create a DSPA that meets the GDPR`s requirements.
A GDPR Data Sub Processing Agreement Template typically includes several sections that detail the specifics of the agreement. These sections include:
1. Parties Involved
The first section of the DSPA template identifies the parties involved in the agreement. This section lists the controller and processor`s name, contact information, and any other relevant details.
2. Definitions
This section outlines the definitions of the key terms used in the agreement. Terms like « personal data, » « processing, » and « data breach » are defined in this section to ensure that both parties share the same understanding of these terms.
3. Obligations of the Data Processor
This section outlines the data processor`s responsibilities concerning the personal data that they handle. These responsibilities include maintaining confidentiality, implementing appropriate technical and organizational measures, and notifying the controller if there is a data breach.
4. Obligations of the Data Controller
This section outlines the data controller`s responsibilities concerning the personal data that they collect. These responsibilities include ensuring that the data processor complies with GDPR and ensuring that the data processing agreement aligns with the GDPR requirements.
5. Sub-Processing
This section outlines any sub-processing that the data processor may undertake. The controller will need to give their permission before sub-processing can occur.
6. Termination Clause
This section outlines the process for terminating the agreement. It outlines the reasons for which either party may terminate the agreement and the steps that must be taken to do so.
In conclusion, GDPR Data Sub Processing Agreement Templates provide an easy and cost-effective way for businesses to create a legally compliant DSPA. By using a template, businesses can save time, money and avoid legal complications. As with any legal agreement, it is recommended that businesses seek legal advice before using a template to ensure its suitability for their specific circumstances.
