A commissioned processing agreement, also commonly referred to as a data processing agreement or DPA, is a contractual arrangement between a data controller and a data processor. In simple terms, a commissioned processing agreement is an agreement that outlines how personal data will be processed.
The General Data Protection Regulation (GDPR) requires that any business that processes personal data must have a commissioned processing agreement in place with their data processors. This is because a data processor is responsible for processing personal data on behalf of the data controller, and the data controller is ultimately responsible for ensuring that the personal data is processed in a compliant manner.
The main purpose of a commissioned processing agreement is to ensure that both the data controller and the data processor understand their roles and responsibilities when it comes to processing personal data. The agreement should outline the following:
1. The type of personal data that will be processed
2. The purpose for which the personal data will be processed
3. The duration of the processing activity
4. The security measures that will be put in place to protect the personal data
5. The data subject rights, including the right to access their personal data, the right to erasure, and the right to rectification.
It is important to note that a commissioned processing agreement is not a one-size-fits-all document. It should be tailored to the specific needs of the data controller and the data processor. For example, if the data processor is located outside of the European Union, specific clauses related to international data transfers must be included in the agreement.
In addition to being a legal requirement, having a commissioned processing agreement in place can help to build trust between the data controller and the data processor. It demonstrates that both parties are committed to protecting the personal data of data subjects.
In conclusion, a commissioned processing agreement is a crucial document that outlines how personal data will be processed between a data controller and a data processor. It is a legal requirement under the GDPR and should be tailored to the specific needs of the parties involved. Having a commissioned processing agreement in place can help to build trust and demonstrate a commitment to protecting personal data.