DPA - Data Processing Agreement

This is an important question when you want to create a database of prospects for sales prospecting.

Understanding the Data Processing Agreement (DPA): content, role and example

The GDPR requires data controllers to draw up a contract (DPA) with their processors, with a view to defining and protecting the personal data that is processed.

What is a DPA?

 A DPA, or Data Processing Agreement, is one of the essential elements of the General Data Protection Regulation. It is a legal contract between the data controller and its processor.

In other words, it's a contract between the entity that collects and manages personal data and the entity that processes this data on the latter's behalf.

🔥 Regardless of your core business, for your digital tool to be GDPR, it must meet certain criteria set out in the GDPR.

To be compliant, a digital tool must have what the CNIL (National Commission for Information Technology and Civil Liberties) ) calls a Data Processing Agreement (DPA).

A PAD must include :

• Data processing purposes;
• Types of personal data processed ;
• The processor 's data security obligations ;
• Data breach notification procedures.

Why have a DPA as a processor ?

Like data controllers, processors must also keep a DPA.

Indeed, as a processor personal data, setting up a DPA is essential for several reasons.

✅ Legal compliance: As a processor, you are bound by the directives of the data controller. A DPA is often required to formalize your compliance commitments.

✅ Shared Accountability : It should be noted that in terms of GDPR, there is a distinction between the controller and the processor. The former being responsible for defining the purposes of data processing, while the latter is responsible for implementing these purposes. The aim behind setting up a DPA is to clarify the roles and responsibilities of each party. 

✅ Transparency: The DPA may include information on how you will handle personal data as a processor.

This offers transparency to stakeholders, including data protection authorities, on how data is managed.

✅ Data security: The DPA may require you to take specific measures to ensure the security of the personal data you process as a processor. 

What if I don't have a PAD?

If you're a personal data processor and you don't have a Data Processing Agreement (DPA) in place with your data controller, it will be impossible for you to contract with a client. So you need to put one in place with the help of a GDPR legal expert, a lawyer or with a GDPR compliance company like Dipeeo...

It should not be forgotten that failure to comply with the regulations set out in the GDPR could jeopardize the security and confidentiality of the personal data you process.

This could have serious consequences for the people concerned.