What This Data Processing Agreement Template Covers

This data processing agreement template is designed to help businesses establish clear and compliant data processing relationships with third-party processors. It includes essential clauses that outline the roles and responsibilities of both the Data Controller and the Data Processor, ensuring adherence to data protection laws such as the GDPR. Key components include Data Processing Terms, Obligations of the Processor, and provisions for Sub-Processing, which are crucial for maintaining data security and compliance.

When to Use a Data Processing Contract

Utilize this data processing contract when your organization engages with external vendors to handle personal data. This template is particularly beneficial when:

• You are entering into agreements with cloud service providers for data storage.
• Your business collaborates with marketing agencies that process customer information.
• You require a formalized agreement with any third-party service that handles sensitive data on your behalf.

What's Included in This Data Processing Terms Template

• Parties: Clearly identifies the Data Controller and Data Processor, including their addresses and contact information.
• Data Processing Terms: Specifies the scope, nature, and purpose of data processing activities.
• Obligations of the Processor: Outlines the responsibilities of the Data Processor in terms of data security and compliance.
• Obligations of the Controller: Details the duties of the Data Controller, including necessary data protection measures.
• Sub-Processing: Provides guidelines for engaging sub-processors and the conditions under which they may be used.
• Termination: Sets forth the conditions under which the agreement may be terminated, including notice periods and data return protocols.

Key Data Controller Processor Agreement Provisions

• Data Security Measures: Ensures that the Data Processor implements appropriate technical and organizational measures to protect personal data.
• Data Breach Notification: Mandates prompt reporting of any data breaches to the Data Controller.
• Compliance with GDPR: Confirms that both parties will adhere to GDPR regulations, ensuring lawful data processing.

Disclaimer: This template is for informational purposes only and does not constitute legal advice.