Must have clauses in a Data Processing Agreement (DPA)

Data is the new money in this era of globalization, it is frequently remarked. As a result, there are thousands of businesses that deal with and interchange enormous amounts of data nowadays, making it crucial to have proper security measures to safeguard such data at multiple levels. One such crucial step that addresses issues like data security, data breach, and data abuse is the data processing agreement. A DPA is already required in some regions of the world, such as the European Union (EU), for data controllers and data processors. This demonstrates how crucial DPAs are. In this essay, we'll talk about the key provisions that every DPA should have.

An official contract between the data controller and the data processor is known as the data processing addendum. It may also be a contract between a controller and a controller, a controller and a joint controller, or a data processor and a subprocessor. The DPA outlines specific guidelines regarding the identity of data subjects, the types of information processed, the categories of data processed, who collects client personal data, how it is handled, where it is stored, for how long it is stored, how it can be retrieved, deleted, processed, and protected, and what steps should be taken by the parties to prevent data breaches.

The following are key clauses 

• To prevent any difficulties in interpretation, DPA should include definitions of some key terms, according to one fundamental clause. The parties should agree to include key definitions for the following terms: Applicable Laws, Client, Client Personal Data, Contractor, GDPR, Restricted Transfer, Services, Subprocessor, Controller, Data Subject, Member state, Personal Data, Personal Data Breach, Processing, Processor, Rights of Data Subjects, Supervisory Authority.

• Roles and responsibilities of a controller should be defined

• Applicable legislation, such as the GDPR, should govern processing.

• Unauthorized use, access to the client's personal data, loss of data, or unauthorized disclosure or alteration of such data on the systems managed by the processor.

• Who is included in the scope of the DPA is specified in this clause. The data subjects may include people who are EU citizens whose personal information was acquired.

• Each party will make an effort to uphold their respective responsibilities under any relevant Data Protection standards.

• This provision must include both the DPA's start date and its end date. Any day after May 25, 2018, is acceptable.

• Processing is any action taken on a person's personal data. It must be made apparent exactly what processing tasks the processor is carrying out. That is, whether the processing entails the gathering, recording, organization, structuring, storage, adaptation, retrieval, big data analysis, consultation, disclosure, and availability of certain data, as well as the alignment, combination, matching, restriction of use or access, individual profiling, erasure or destruction, handling of media, use of data, etc.