Data Sub-Processing Agreement: What You Need to Know
If you`re a business that operates within the European Union, you`ve most likely heard of the General Data Protection Regulation (GDPR), which aims to protect the privacy of EU citizens. One of the requirements of the GDPR is that data controllers (companies that collect and process personal data) must have a data processing agreement (DPA) with their data processors (third-party providers who process personal data on behalf of the controller). But what about data sub-processors?
A data sub-processor is a third-party provider hired by a data processor to process personal data on behalf of the data controller. This means that data controllers need to ensure that their data processors have a DPA in place with any sub-processors they use. This is where a data sub-processing agreement (DSPA) comes into play.
What is a Data Sub-Processing Agreement (DSPA)?
A DSPA is a contract between a data processor and a sub-processor outlining the specific terms and conditions of how personal data will be processed. Under the GDPR, data processors are responsible for ensuring that their sub-processors meet the same data protection standards as they do. Therefore, DSPAs help ensure that personal data is processed in a manner that is compliant with GDPR requirements.
What Should be Included in a DSPA?
A DSPA should include the following:
– The purpose and nature of the data processing
– The type of personal data being processed
– The duration of the processing
– The security measures in place to protect the data
– The sub-processor`s obligations and responsibilities
– The sub-processor`s GDPR compliance
– The right of the data controller to audit the sub-processor
– The procedures for data breaches and incident reporting
– The terms of termination of the DSPA
Why is a DSPA Important?
A DSPA is important because it ensures that personal data is processed in accordance with GDPR requirements. It also ensures that data controllers have control over who processes their data and how it is processed. By having a DSPA in place, data controllers can have peace of mind knowing that their sub-processors are GDPR compliant and that personal data is being processed in a secure and lawful manner.
In conclusion, if you are a data controller or data processor that uses sub-processors, it is important to have a DSPA in place to ensure GDPR compliance and effective management of personal data. By including the necessary information in a DSPA, all parties involved can be confident that personal data is being processed in a secure and lawful manner.