When it comes to signing a DPA that you may not have designed, there are a few important things you need to pay close attention to: Processor GuaranteesA imperative factor to ensure that your data processing provides appropriate guarantees for the protection of the personal data you transmit to it. The RGPD makes it clear that in the event of a data breach, data handlers could be held liable, regardless of which party is the victim of the breach. In addition, processors should select data processors that take appropriate security measures. In particular, the RGPD stipulates that processors responsible for processing must be identified with expertise, reliability and measures consistent with the requirements of the regulation. These include adequate data security, as indicated in Article 28, paragraph 1, of the RGPD. Consistency is essentialThe Data Protection Authority should make it clear that data managers cannot process your company`s personal data for purposes other than that of the Data Protection Authority and responsible data. It may be important for your organization to conduct audits to determine that the subcontractor is using the transferred data in an established and agreed-upon manner within the Data Protection Authority. It is also helpful to ensure that the scope of a subcontractor`s CCA is not broader than your organization`s initial legal basis for processing personal data. Misinterpretation If you define responsibilities and tasks, make sure there is no room for misinterpretation. This can be done, for example. B by confirming and confirming the time frames in which the data processor should process DSAR.
Be sure to also provide contact information so that if there are problems, the parties know where to turn. Of course, regular registration and a clear, open and personal relationship can also be beneficial by compensating for reservations and making you think about potential incidents. Pay attention to your data STORAGE authoritiesEven if it can be a long document that may require a number of preparation work such as data allocation, CPIs, time investments and resources, everything is worth it at the end of the line. Data processing agreements play a key role in meeting the RGPD and ensure that all tasks are properly compliant with the regulations. Data protection authorities can enable organizations to further improve data processing procedures and initiatives, or even reduce the risk of data breaches or incidents, and increase accountability and efficiency. Overall, the data protection authority serves as the backbone to support all stakeholders on your company`s long-term data protection efforts. The agreement requires the subcontractor to take all necessary security measures to meet treatment safety requirements (see Article 32). Suppose an IT outsourcing company X is mandated by an EU customer to develop a data management application for a healthcare facility. Of course, they need access to patients` personal (and sometimes sensitive) information. Although they will not store it on a device, it still falls under the category “Personal Data Processing.” If you exchange personal data with other parties, you should have a data processing agreement. Sections 28 to 36 of the RGPD cover the requirements for data processing and data processing agreements.
Let`s take a look at responsibilities that are a little more specific to different roles.