Was Data Processing Agreement

April 14, 2021 in Uncategorized by

The data processing agreement, as it is commonly referred to, is an important contractual document that outlines the responsibilities and responsibilities of the processing manager and subcontractor. When a subcontractor uses another organization (i.e. a subcontract or “other” processor) to support the processing of personal data on behalf of a processor, it must have a written contract with that subcontractor. Online replicators and backups: Production databases are designed, where possible, for you to replicate data between no less than 1 primary database and a secondary database. All databases are secure and managed by at least industrial methods. A subcontractor cannot support the services of a subprocessor without the express or written prior written permission of the processor. When authorization is granted, the subcontractor must enter into a contract with the subcontractor. The contractual terms of Article 28, paragraph 3, must provide a level of protection for personal data equivalent to that of the contract between the processing manager and the subcontractor. Transformers are responsible for processing compliance with the subprocessings they use. 11.1 The subcontractor may not transfer or authorize the transfer of data to countries outside the EU and/or the European Economic Area (EEA) without the company`s prior written consent. When personal data processed under this agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the parties ensure that personal data is adequately protected. To do so, contracting parties, unless otherwise agreed, rely on standard contractual clauses approved by the EU for the transfer of personal data.

A data processing contract is a legally binding contract that establishes each party`s rights and obligations with respect to the protection of personal data (see “What is personal data?”). Section 28 of the RGPD applies to the data processing provisions in Section 3: (i) that subcontracting services be performed in accordance with Point 11; (iii) Any request received directly by the persons concerned without responding to this request, unless it has the authority to do so otherwise; 3.4 Objection to subcontractors. Customers may object in writing to DigitalOcean`s order for a new subprocessor for justifiable data protection reasons, notifying DigitalOcean immediately in writing within five (5) calendar days of receiving the DigitalOcean notification in accordance with Section 3.3. This opinion must explain the reasons for the objection. In this case, the parties discuss these concerns in good faith in order to reach an economically reasonable solution. If this is not possible, each party can terminate the corresponding services that cannot be provided by DigitalOcean without the use of the offending subprocessor again. 4. The data exporter keeps a list of sub-processing agreements concluded under the clauses and communicated by the data importer in accordance with point 5, point j), and updated at least once a year.