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Data Processing Agreement in Accordance with Article 28 of the General Data Protection Regulation (GDPR) Agreement betweenXXXXX GmbH, Street number and name, postal code & city, country the Controller
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How to fill out data processing agreement in

01
Identify the parties involved: Clearly state the names and contact information of both the data controller and the data processor.
02
Define the scope: Specify the types of personal data being processed and the purposes for which it is being processed.
03
Outline data security measures: Detail the security measures in place to protect the personal data.
04
Specify data processing instructions: Clearly state the instructions the data processor must follow when processing the data.
05
Include terms for subprocessing: If the data processor intends to use subcontractors, outline the requirements for doing so.
06
Address data subject rights: Detail how data subjects can exercise their rights under data protection laws.
07
Include liability and indemnity clauses: Define the liability of each party in case of data breaches or non-compliance.
08
Specify data transfer requirements: If personal data will be transferred to countries outside the EU, outline the necessary safeguards.
09
Include termination and post-termination obligations: Specify what happens to the data processing agreement upon termination.
10
Have legal review: It is recommended to have legal counsel review the agreement to ensure compliance with data protection laws.

Who needs data processing agreement in?

01
Any organization that processes personal data on behalf of another organization, known as the data controller, needs to have a data processing agreement in place.
02
This includes service providers, cloud computing companies, IT vendors, and any other third parties that handle personal data on behalf of the data controller.
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Data processing agreement is a contract between a data controller and a data processor that outlines the terms and conditions of how personal data will be processed.
Any organization that acts as a data processor and processes personal data on behalf of a data controller is required to file a data processing agreement.
To fill out a data processing agreement, both the data controller and the data processor must agree on the terms of the agreement, including the purposes of data processing, security measures, data breach notification procedures, and other relevant details.
The purpose of a data processing agreement is to ensure that personal data is processed in compliance with data protection laws, to protect the rights of data subjects, and to establish clear responsibilities between the data controller and data processor.
A data processing agreement must include details such as the nature and purpose of data processing, the types of personal data being processed, the security measures in place to protect the data, data breach notification procedures, and the duration of the agreement.
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