The term “treatment” appears in this article with a repugnant frequency. In the definitions of the RGPD, the treatment essentially refers to everything you can do with someone`s personal data: collect it, store it, monetize it, destroy it, etc. Another scenario that involves a derogation from data processing agreements is the organization and conduct of in-depth clinical studies on drugs, which are organized and conducted by several contributors. In this case, different actors have access to the collected data, which can be used for various purposes. This means, for example, that sponsors, study centres and doctors decide how to process data collected in their respective sub-sectors. The processing of the data by the person in charge of the processing should only be treated by the person in charge of the processing. The subcontractor must have adequate information security, must not resort to subcontracting without knowing and the consent of the person in charge of the processing, must cooperate with the authorities in case of request, report to the person in charge of the data protection, as soon as he is aware of them, give the person in charge of the processing the opportunity to carry out audits verifying compliance with the DSGVO , to help the person in charge of the treatment, to respect the rights of the people concerned. , should assist the processing manager in dealing with the consequences of data breaches, delete or return all personal data at the end of the contract, at the choice of the processing manager, and inform the processing manager if the processing instructions violate the RGPD. In the agreement, it is clear that the subcontractor at the end of the contract: to be more concrete, the RGPD is defined as a legally binding document that must be drawn up in writing or electronically between the processor and the data processor. The data protection authority acts as an agreement specifying responsibilities, obligations and clauses for all parties involved. Who, when and how? Who signs a DPA? The main participants in signing a data protection authority are of course the person responsible for processing and processing the data, but any other party involved in the processing of your organization`s data should also be involved. An example of another party involved would be a subprocessor – let`s say your organization outsourced accounting to Company B, but Company B transfers payroll obligations as part of its mission to Company C. Company C then becomes a subprocessor, and company B and C should sign a privacy notice with your organization.
Each party in a role must be well informed of its obligations and have the same legal obligations to compliance with the RGPD as the “original processor”. What is in a DPA after the RGPD? 2019-02-12 – The handling of sensitive personal data can be a sensitive issue. The RGPD more or less clearly defines areas of technical and organizational competence. There are several provisions for data processing agreements. However, these regulations are formulated in a theoretical context. Their practical application may leave some aspects obscure. Have you ever wondered if your work case requires a Dpa or not? We present five cases that do not require Dpa, although at first glance it looks like this. Both processors and subcontractors are required to take appropriate technical and organizational measures to ensure the security of the personal data they process, which may include, where appropriate, the following: for an organization to meet the requirements of the RGPD, as a processor who uses the services of a data processor , it deals with personal data on its behalf. it must enter into a legally binding data processing contract for the data processor (written contract or other legislative act).
Article 28.3 of the RGPD defines what should be included in this written contract: if the RGPD requires it, the data protection officer appoints a data protection delegate and both parties should expect a regular request