iii) make available to the processor, upon request, a copy of the data processing agreement between the data processor and the subcontractors. A PDPP data processing contract is required each time a data manager hires a data processor to complete the data processing services. When data processing is done by a data processor, it is essential to have a clear data processing agreement. This is not only a legal requirement, but it will also allow you to define the terms under which you trade and reduce the possibility of litigation. While reporting violations to treatment and screening authorities is non-negotiable, you may not need to report them to the individuals involved. Article 34 sets out the conditions for reporting the persons concerned as follows: How do you write a RGPD? Keep reading for a helpful guide and our downloadable template. Some other examples of data processing are companies that provide services in the following areas: a RGPD data processing agreement is a contract outlining what data handlers need to remain compliant with the RGPD. It`s not just good business practices. The legislation imposes the treaty and invites the party-makers to include specific clauses in order to keep all parties on a single page. Under section 28 of the RGPD, processors and data processors must enter into a “data processing agreement” in writing, including electronic form. More information about the requirements can be found in our RGPD offline Compliance Duties article.
In addition, the processor and subcontractor must ensure that anyone working with the data (or having access) processes the data only in accordance with the instructions of the processor (as stated in section 29). Section 33 specifies what the processing manager should do if he or she is aware of a breach of personal data. The processor has the right to monitor the activities of the data processor to ensure appropriate security, privacy and data protection measures. It is important to include this in the RGPD data processing agreement to remind the data manager that audits are part of the trade agreement.