Personal Data Processing Agreement Template
In accordance with Article 28 of the GDPR, controllers and processors must conclude an « order processing contract » in writing – also in electronic form. You can find more information about this requirement in our article GDPR Offline Compliance Duties. 2.4 The duration of this DPA lasts until the later of the following conditions: the termination of the Contract or the date on which the Processor ceases to process the personal data on behalf of the Controller. The processor must take reasonable steps to ensure that personal data is only accessible and manageable by duly authorised personnel, that direct access to database queries is limited and that application rights are established and enforced to ensure that persons authorised to use a data processing system have access only to personal data to which they have an access privilege; and that personal data may not be read, copied, modified or deleted during processing without permission. The data processor shall take reasonable steps to implement an access policy whereby access to its system environment, personal data and other data is only carried out by authorized personnel. (i) the processing services are performed by the sub-processor in accordance with clause 11; As a result of this inclusion, any dispute arising between LinkedIn and the data controllers must be resolved under Irish law under Irish jurisdiction. It may be a good idea to include this clause in your privacy policy if, for example, you are asking a data processor to process large amounts of special category data. Customer as defined in the Agreement. ……………………………………………………………………………………………………………………………………………………………………………………………. Data importer The data importer is (please specify briefly) the activities relevant for transmission): 2. The data subject may enforce this clause, clause 5 (a) to (e) and (g), clause 6, clause 7, clause 8 (2) and clauses 9 to 12 against the data importer if the data exporter has de facto disappeared or ceased before the law, unless a successor organisation has assumed all the legal obligations of the data exporter by contract or by operation of law, by which it assumes the rights and obligations of the data exporter, in which case the data subject may assert them against that body.
3. The provisions relating to the data protection aspects of subcontracting referred to in paragraph 1 shall be governed by the law of the Member State in which the data exporter is established. 2.5 The personal data to be processed by the Provider relate to the categories of data, the categories of data subjects and the purposes of the processing listed in Annex 1. Online replicas and backups: Whenever possible, production databases are designed to replicate data between at least 1 primary database and 1 secondary database. All databases are backed up and maintained using at least industry standard methods. HubSpot, Inc. processes personal information to the extent necessary to provide the Subscription Services to data exporters in accordance with the Agreement. « Data Exporter » in this Particular Agreement means « Data Controller ». It is important to determine which party is responsible for responding to eu consumers` requests in accordance with their rights as a data subject. As stated in the GDPR, EU citizens enjoy eight fundamental rights that controllers and processors must respect. (vi) to provide relevant assistance to the controller in complying with the requirements of personal data security, a data processing agreement is a contract between a controller and a processor that governs the processing of the personal data of data subjects.
These terms are defined in Article 4 of the GDPR: Article 37 requires certain organisations to appoint a data protection officer. Some data processing agreements require the data processor to do so. The details of the transfer, and in particular the special categories of personal data, are set out, where applicable, in Annex 1, which forms an integral part of the clauses. Since we want to help our users on as many fronts as possible, we have created a data processing agreement template. The template is currently available via Quip (where you can export – top left corner – to different file formats) and .docx direct download: depending on the offers and naming conventions and the controller`s environment, personal data as it can be found in a computer name, username or file name, or technical artifacts considered for the purposes described in the DPA. ……………………………………………………………………………………………………………………………………………………………………………………………. Special categories of data (if any) The personal data transferred relate to the following special categories of data (please specify): « Sub-processor » means any processor engaged by the data importer or by another sub-processor of the data importer who agrees to receive personal data from the data importer or other sub-processor of the data importer who is exclusively for processing activities to be carried out after transmission on behalf of the data exporter. in accordance with its instructions, the terms of the clauses and the terms of the written subcontract; Outsourced processing: We host our service with outsourced cloud infrastructure providers. In addition, we maintain contractual relationships with suppliers to provide the Service in accordance with our DPA. We rely on suppliers` contractual agreements, privacy policies and compliance programs to protect the data processed or stored by those providers.
(B) The Company wishes to subcontract certain services involving the processing of personal data to the Processor. . . . .