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Supplier Data Processing Agreements

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Guest user Created:   Mar 16, 2018 Last commented:   May 11, 2018

Supplier Data Processing Agreements

If we purchase subscription licenses (such as Microsoft Office 365 or a hosted phone system) from our managed services provider who is acting as the reseller, would we still need to have a Supplier Data Processing Agreement with Microsoft/the phone system vendor or does that responsibility fall on our managed services provider/reseller only?
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EU GDPR PERSONAL DATA PROTECTION POLICY

Top-level document that describes main roles and responsibilities.

EU GDPR PERSONAL DATA PROTECTION POLICY

Top-level document that describes main roles and responsibilities.

Expert
Andrei Hanganu Mar 16, 2018

Answer:

In this case you don’t need to have to have a signed DPA nor will Microsoft accept such document, just think of the sheer number of DPAs would need to be signed by Microsoft. Microsoft and similar companies use Terms & Conditions/Product Privacy Statements to make known to the customers what are their (Microsoft) obligations in terms of processing personal data.

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mcordero May 11, 2018

In this instance though, is it the obligation of the MSP/reseller to ensure that there are appropriate Terms & Conditions/Product Privacy Statements are in place?

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Andrei Hanganu May 12, 2018

Is the reseller's duty to ensure the products its sells are compliant with the legal requirements including the EU GDPR.

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