The General Data Protection Regulation (GDPR) is a regulation in EU law on data protection and privacy for all individuals within the European Union (EU) and the European Economic Area (EEA). It came into force on May 25, 2018, and it has had a significant impact on the way businesses process personal data. In this article, we will take a closer look at Data Processing Agreement (DPA) in the UK under GDPR.
What is a Data Processing Agreement?
A Data Processing Agreement (DPA) is an agreement between a data controller and a data processor that governs the processing of personal data. Under GDPR, a data controller is any organization that determines the purpose, conditions, and means of the processing of personal data, while a data processor is any organization that processes personal data on behalf of the data controller.
The GDPR requires that a DPA be in place between a data controller and a data processor whenever personal data is being processed. The DPA must outline the responsibilities of the data processor, including data security measures, data breach notification, and the processing of personal data outside the EU.
What are the requirements of a DPA under GDPR in the UK?
Under GDPR, a DPA must include the following provisions:
1. Scope and purpose of data processing: The agreement must clearly define the scope and purpose of the data processing.
2. Roles and responsibilities: The agreement must outline the roles and responsibilities of the data controller and the data processor in relation to the processing of personal data.
3. Confidentiality: The agreement must include confidentiality provisions, which ensure that the data processor keeps the personal data confidential and does not disclose it to any unauthorized third party.
4. Data security measures: The agreement must set out the data security measures that the data processor must take to protect the personal data.
5. Data breach notification: The agreement must specify the procedure for data breach notification, including the timeframe for notifying the data controller of any data breaches.
6. Sub-processing: The agreement must outline whether the data processor is allowed to use sub-processors and, if so, the conditions under which sub-processing is permitted.
7. Termination: The agreement must specify the conditions under which the agreement can be terminated and the consequences of termination.
Why is a DPA important?
A DPA is important because it helps to protect the personal data of EU citizens. It ensures that personal data is processed in a secure and confidential manner, and that the data processor is held accountable for any breaches or violations of GDPR. A DPA also helps to establish clear rules and responsibilities for both data controllers and data processors, which can help to prevent disputes and legal issues.
Conclusion
In conclusion, a DPA is an essential requirement under GDPR in the UK. It helps to ensure that personal data is processed in a secure and confidential manner, and that the data processor is accountable for any breaches or violations of GDPR. Businesses that process personal data should ensure that they have a DPA in place with their data processors to comply with GDPR and protect the personal data of their customers.
