The General Data Protection Regulation (“GDPR”) is a new data protection law in the European Union (“EU”) that came into force on 25 May 2018. The GDPR regulates the protection of personal data, including any information that can be used to identify an individual, such as. B name, identification number, location data or online identifier, as well as a variety of other types of information. The GDPR applies to all companies in the EU, including the UK. The EU General Data Protection Regulation takes a more serious approach to contracts than previous EU data protection rules. If your organization is subject to the GDPR, you must have a written data processing agreement with all your subcontractors. Yes, a data processing contract is a rather boring paperwork. But it`s also one of the most basic steps in GDPR compliance and necessary to avoid GDPR fines. If your business is GDPR compliant, all the data processors you use should be, and that includes setting up a compliant data processing agreement. As you can see, these rules affect a vast majority of the world. Find out everything you need to know about data processing agreements by continuing the following article. Lawmakers have allowed data protection authorities to impose fines of up to €20 million, or 4% of global revenue per year, for GDPR violations, with the highest amount retained.
Work with a team of legal and technology experts to help you create an agreement and process that will help you achieve your business goals while remaining compliant within the EU. For an organization to comply with the requirements of the GDPR, as a data controller using the services of a data processor to process personal data on its behalf, it must enter into a data processing agreement (a written contract or other legal act) that is legally binding on the data processor. Article 28.3 of the GDPR specifies what must be included in this written contract: The agreement must indicate that the subcontractor at the end of the contract: For more details, you can read the ProtonMail data processing agreement or read the model generic data processing agreement that we have made available on this website. Data processing agreements are designed to protect both your company and its users from improper processing of personal data that could result in damages or lawsuits. A data processing agreement is just as necessary for small businesses as it is for large ones. The GDPR has no legal restrictions regarding the form of the data processing agreement, but if the processor is located outside the EU and an international transfer of data takes place, there are specific requirements for the format of the documentation, e.B. standard contractual clauses, common binding rules, etc. In general, you will need an DPA if you rely on the qualifications and resources of third parties to carry out your data processing. For complete protection, the GDPR clearly defines the mandatory information for each DPA. There are many aspects that need to be covered.
The nature, duration and purpose of the processing within the scope of the instructions necessary for the control rights and obligations of the controllers. The controller is the person who determines the purpose and means of data processing. In order to ensure that the processor correctly processes the data of the controller, a data processing agreement is established. That contractual period should cover employees of the processor, as well as temporary agency workers and third parties who have access to personal data. Tim has over 20 years of experience representing a variety of emerging and established companies in the fields of technology, software, Bitcoin and professional services. He works directly with the officers and boards of directors of his clients in corporate, intellectual property and securities law. Most recently, Tim has advised clients on Series A and Series B financing, corporate structuring, complex video licensing agreements and structuring new hedge funds. Previously, Tim served as General Counsel and Secretary of Forrester Research, Inc., where he served as General Counsel, led the company`s legal group, and led the company`s legal and regulatory affairs. Tim played a key role in the company`s IPO in 1997 and coordinated the secondary offering in 2000. He led the legal process in connection with the company`s acquisitions of Giga Information Group, Inc., Fletcher Research and Forit GmbH and oversaw more than $125 million in transactions. He also managed the company`s intellectual property.
Tim is admitted to the Massachusetts and New York bar. Tim holds a Juris Doctor from Boston College Law School and a Bachelor of Arts from Trinity College The most practical business approach to drafting a data processing agreement is to speak to technology lawyers. You have the legal experience and digital knowledge you want when drafting your data processing contracts. .