Question about data protection points in a contract
I have a contract for a service and I would like to know if I really need to accept all the points in relation to personal information data protection.
Is this something you can advise?
Thanks :)
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Of course, it depends on the clause that is drafted in your service agreement. Service providers can be considered processors, if the service requires to process personal data on behalf of the controller (i.e., a marketing agency who process personal data of clients of brands they represent) in that case the content of the clause is often determined by the provisions of Article 28 GDPR.
As any clause in contracts can be of course negotiated and you can also propose your own clause where you guarantee to your clients your compliance to GDPR (it can bring an added value to your service).
Here you can find more information:
- Article 28 GDPR https://advisera.com/eugdpracademy/gdpr/processor/
- EU GDPR controller vs. processor – What are the differences? https://advisera.com/eugdpracademy/knowledgebase/eu-gdpr-controller-vs-processor-what-are-the-differences/
- EU GDPR document template: Processor GDPR Compliance Questionnaire https://advisera.com/eugdpracademy/documentation/processor-gdpr-compliance-questionnaire/
- EU GDPR document template: Supplier Data Processing Agreement https://advisera.com/eugdpracademy/documentation/supplier-data-processing-agreement/
You can also consider enrolling in this free online training EU GDPR Foundations Course: https://training.advisera.com/se/eu-gdpr-foundations-course//
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Nov 26, 2020