sueng Created: May 18, 2018 Last commented: May 22, 2018

Data Processing Agreement and Data Processing Addendum

Dear Sir, We usually have our on bilateral commercial agreement with our service provider/partner/supplier. After the implementation of the GDPR, we need to issue another Data Processing Addendum to our partner/supplier. How about the agreement sign after the 25 of May 2018 onward? Do we still need to sign a commercial agreement + Data Processing Addendum? or just All in One agreement with our partner/supplier/service provider? what is the different between Data Processing Agreement and Data Processing Addendum? Please advise. Thanks!

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Andrei Hanganu May 22, 2018

When using a third party to process personal data on your behalf you need to ensure that it provides “sufficient guarantees to implement appropriate technical and organizational measures in such a manner that processing will meet the requirements of this Regulation” ( art. 28(1) - “Processors” (https://advisera.com/eugdpracademy/gdpr/processor/).

So, whenever you contract a third party to process personal data on your behalf you need to have a Data Processing Agreement/Addendum (there is not difference they both means the same thing). You can choose to have the content of the Data Processing Agreement/Addendum as a separate section of the commercial agreement although it will be harder to manage.

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

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May 18, 2018

May 22, 2018

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