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Data processing agreement

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othereden Created:   May 28, 2018 Last commented:   May 28, 2018

Data processing agreement

Hi I sell online internationally. Those customers that do not live in the UK can send back their orders to local addresses in a few countries (so they do not need to pay internatioann shipping only local). Those local addreses are provided by a third party - and we are invoiced for that. That third party records names of the customers and what is sent back whose returns they received so we could refund these customers. Am I correct to think that in this case we should have a data processing agreement with that third party? These customers are ours, but it is this third party that is sending over the names (only sometimes the other way round when we are asking if there was no return but a specific customer when tracking says it has arrived). But I would say that they are processing those data on our behalf so they are the processor am I right?
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Andrei Hanganu May 28, 2018

Most likely yes, you would need a Data Processing Agreement in place with that vendor although since the vendor is providing shipping(mailing) services it may argue that they are acting as data controllers since they decide what data to collect from the customer in order to be able to send the product back to you. Just try first to consider them as processors and see where it goes.

To learn more about processors and controllers check out our free “EU GDPR Foundations Course” https://advisera.com/training/eu-gdpr-foundations-course//

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othereden May 30, 2018

a queston on a simmiliar topic. if in the records that I provide to my accountant there are personal details of my customers, than do I need to have such an agreement with my accountant?

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Andrei Hanganu May 31, 2018

If your accountant is not your employee the answer would be yes.

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