If you want to establish or update a data processing agreement, the above information should help you break down the RGPD requirements into easier-to-manage steps. All of this raises the bar for printing on a controller and its processor compared to any form of data processing, whether it`s Incloud or otherwise. ☐ the subcontractor must ensure that data processing persons are subject to a duty of trust; These contracts ensure that all parties involved properly process personal data, first of all specifying the requirements that data processors must meet before making themselves known to data provided by the processor. Some large data processors will have contracts that they will use with all their customers that might be adapted for this purpose, but it would be wise to ensure that this contract protects you from your point of view and is not only in the interest of the data processor. This could make you vulnerable in certain situations. The EU`s general data protection regulation is more serious about contracts than previous EU data protection rules. If your organization is subject to the RGPD, you must have a written data processing agreement with all data processors. Yes, a data processing agreement is boring paperwork. But it is also one of the most fundamental steps of RGPD compliance and necessary to avoid RGPD sanctions. Article 35 specifies data protection impact analyses, including when and how they should be carried out.
It also mentions how processors and data processors should take into account compliance with contractual agreements (for example. B data processing agreements) when conducting data protection impact analyses. This is part of the “due diligence” referred to in the RGPD data processing requirements, requiring processors to ensure that the data processors they use are credible and compliant with the DMPP. Processing managers can only use subcontractors who can provide sufficient safeguards to take appropriate technical and organizational measures to ensure that their treatment meets the requirements of the RGPD and protects the rights of those concerned. Our DATA AGENCY provides a number of guarantees to companies that entrust us with personal data. For example, ProtonMail`s data processing agreement promises the use of technical security measures, such as encryption, in accordance with Article 32 of the RGPD. In addition, it provides appropriate support to those responsible for processing in the implementation of a data protection impact assessment.
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