Standard Personal Data Processing Agreement For Contracted Service Provider
Publisher one
ƵSource file
Jurisdiction
England and WalesRelevant sectors
Type of legal document
📊 Data Processing AgreementBusiness activity
Data processing agreementA data processing agreement is a contract between a company and a data processor that covers the handling of personal data. The agreement sets out the roles and responsibilities of each party, and the steps that will be taken to protect the data.
The template covers various essential elements required for a compliant data processing arrangement between the organization (the data controller) and the contracted service provider (the data processor). It includes clauses addressing the scope and purpose of data processing, as well as the obligations and responsibilities of both parties.
Key provisions typically featured in this template may include:
1. Definitions: Clear definitions of terms related to data processing and the roles and responsibilities of the parties involved.
2. Purpose and Scope: Identification of the specific purpose and scope of personal data processing, ensuring that it aligns with lawful and legitimate grounds.
3. Data Controller's Obligations: Outlining the obligations of the data controller, such as providing proper instructions, ensuring data subject rights, and maintaining necessary documentation.
4. Data Processor's Obligations: Describing the obligations of the data processor, including limitations on data processing, confidentiality, security measures, and subcontracting arrangements.
5. Data Subject Rights: Ensuring that the data processor supports the data controller in responding to data subject rights requests, such as access, rectification, erasure, and objection.
6. Security Measures: Detailing the security measures and safeguards to protect personal data from unauthorized access, disclosure, alteration, or destruction.
7. Data Breach Notification: Establishing procedures for the data processor to notify the data controller about any security breaches promptly.
8. Data Protection Impact Assessment (DPIA): Outlining the conditions under which a DPIA may be necessary and defining the responsibilities of both parties in conducting a DPIA if required.
9. International Data Transfers: Addressing data transfers between the European Economic Area (EEA) and third countries, including the requirements for safeguards and appropriate legal mechanisms.
10. Term and Termination: Defining the duration of the agreement and the conditions under which either party may terminate it.
11. Governing Law and Jurisdiction: Specifying that the agreement is subject to UK law and determining the jurisdiction for any disputes.
This legal template serves as an enforceable agreement that protects the rights of individuals whose personal data is processed by service providers. It ensures compliance with relevant data protection legislation and provides a clear framework for the data controller and processor to establish and maintain a trustworthy and legally compliant data processing arrangement.
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