What is a Data Processing Agreement (DPA)?

A Data Processing Agreement (DPA) is a legally binding contract between a data controller and a data processor that governs how personal data is processed. It is required under GDPR Article 28 and outlines the processor's obligations regarding data security, breach notification, sub-processors, and data subject rights.

When do I need a DPA?

You need a DPA whenever you share personal data with a third party that processes data on your behalf. This includes SaaS providers, cloud hosting services, payment processors, email service providers, and any vendor that accesses or stores personal data from your customers or users.

What are Standard Contractual Clauses (SCCs)?

Standard Contractual Clauses (SCCs) are pre-approved contractual terms adopted by the European Commission that provide appropriate safeguards for international data transfers outside the EEA. The current SCCs were adopted in 2021 and include different modules for various transfer scenarios.

What should be included in a DPA?

A comprehensive DPA should include: the subject matter and duration of processing, nature and purpose of processing, types of personal data processed, categories of data subjects, processor obligations, security measures, breach notification procedures, sub-processor provisions, audit rights, data return/deletion terms, and liability provisions.

How long should breach notification take under GDPR?

Under GDPR Article 33, data controllers must notify the supervisory authority within 72 hours of becoming aware of a personal data breach. Processors should therefore notify controllers as quickly as possible, typically within 24-72 hours, to allow controllers to meet their notification obligations.

Data Processing Agreement (DPA) Generator | GDPR Compliant

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Sergei Tokmakov, Esq. | California Bar #279869 | owner@terms.law

This generator and this page provide general information, not legal advice, and do not create an attorney-client relationship. A generated document is a starting draft, not a document prepared for your specific facts. Each engagement requires a conflict check and written confirmation of scope. I am licensed in California.