A Data Protection Agreement is essential when one organization processes personal data on behalf of another under English and Welsh law. This agreement ensures compliance with UK GDPR and the Data Protection Act 2018, establishing clear responsibilities and obligations for both parties. It should be implemented whenever there's ongoing processing of personal data, particularly in business relationships involving customer data, employee information, or sensitive personal information. The agreement covers security measures, breach notifications, and data transfer arrangements.
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1. Parties: Identification of data controller and processor, including full legal names, registration details, and principal place of business
2. Background: Context of the data processing relationship and purpose of the agreement
3. Definitions: Key terms used in the agreement including 'Personal Data', 'Processing', 'Data Subject', 'Controller', 'Processor', etc.
4. Scope and Purpose: Details of data processing activities covered by the agreement, including types of data and categories of data subjects
5. Data Protection Obligations: Core compliance requirements under UK GDPR and DPA 2018, including lawful processing, data minimization, and accuracy
6. Security Measures: Technical and organizational measures required to ensure appropriate security of personal data
7. Breach Notification: Procedures and timelines for handling and reporting data breaches
8. Term and Termination: Duration of the agreement, termination rights, and data handling upon termination
1. International Transfers: Requirements and safeguards for transferring data outside the UK, including use of Standard Contractual Clauses
2. Sub-processing: Rules and requirements for engaging sub-processors, including approval processes and liability
3. Sector-Specific Requirements: Additional requirements for regulated industries such as financial services or healthcare
1. Schedule 1 - Processing Activities: Detailed description of processing operations, including subject matter, duration, nature, purpose, and types of personal data
2. Schedule 2 - Security Measures: Detailed technical and organizational security measures to be implemented
3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4 - Standard Contractual Clauses: Standard contractual clauses for international data transfers where applicable
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