Legal assistance with the data processing contract
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Legal basis and important regulations for data protection
A data processing agreement (DPA) is a legal contract between the controller responsible for processing personal data and the processor who processes data on behalf of the controller. This contract regulates the conditions of data processing and ensures that the processor complies with data protection regulations and takes appropriate measures to protect the data.
The contract for data processing usually contains a detailed description of the type, scope and purposes of the data processing, the duration of the processing, the type of personal data, the groups of people affected, and the rights and obligations of both the controller and the processor. In addition, the security measures that the processor must take to protect the personal data, as well as the conditions of cooperation and termination of the contract are also specified.
In the European Union, a data processing contract is mandatory pursuant to Article 28 of the General Data Protection Regulation (GDPR) when personal data is processed by a processor on behalf of a controller.
order processing agreement –
ensure data protection
This contract ensures that the processing of personal data is carried out in accordance with data protection regulations. It regulates, among other things:
A contract for data processing must describe exactly which personal data to which Purpose The processor may only process this data in accordance with the instructions of the controller and within the framework of the contract. The contract should define the type of personal data to be processed, whereby only data that is necessary for the performance of the contract may be processed.
In addition, the contract specifies the rights and obligations of both parties. This includes, among other things, the obligation of the processor to take appropriate technical and organizational measures to protect the data. The processor is also obliged to support the controller in complying with data protection requirements.
The contract must also security measures the measures that the processor must take to protect the personal data against unauthorised access, loss or theft. The controller should also be granted the right to monitor the data processing to ensure compliance with data protection requirements.
After termination of the contract, clear regulations decisions can be made about how the personal data will be handled. This can be done by deleting or returning the data, depending on what was agreed in the contract.
The data processing agreement is a crucial element of a comprehensive data protection strategy.
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