Article 28 of the General Data Protection Regulation (GDPR) stipulates the requirements for data processors and controllers to have an agreement in place. This agreement is an essential component of compliance with the GDPR and ensures that data processing activities are managed appropriately.
What is Article 28 GDPR?
Article 28 GDPR requires data controllers to ensure that any third-party processors they work with comply with the GDPR. The data processor must be contractually bound to protect the personal data they are processing, and the agreement between the controller and processor must set out specific terms and conditions.
The agreement should stipulate the nature and purpose of processing, the type of data to be processed, the duration of processing, and the obligations of both the controller and the processor. Additionally, the agreement should outline how the processor will assist the controller in meeting GDPR compliance requirements.
What is the purpose of Article 28 GDPR?
Article 28 GDPR serves two critical purposes. Firstly, it ensures that data processing is in line with GDPR regulations. The agreement between the controller and processor sets out the terms for the processing of personal data, ensuring that data subjects` rights are protected.
Secondly, the GDPR requires that data controllers are accountable for their processing activities, including those of their data processors. The agreement helps to establish clear lines of responsibility and accountability, making it easier for data controllers to demonstrate compliance with the GDPR.
What are the requirements of an Article 28 GDPR agreement?
An Article 28 GDPR agreement must include provisions on the following key areas:
- Purpose of processing: The agreement should set out the purpose(s) of the data processing activities.
- Data protection obligations: This includes obligations on the data processor to process personal data in a manner that ensures appropriate security, confidentiality, and integrity of the data.
- Instructions: The agreement should provide instructions on how the data processor should process the personal data and how they should handle any instructions from the controller.
- Sub-processors: Where the data processor uses sub-processors, the agreement must stipulate the conditions under which such sub-processing is allowed.
- Assistance with GDPR compliance: The agreement should outline how the data processor will assist the controller in complying with GDPR requirements, such as carrying out data protection impact assessments.
- Data subject rights: The agreement should outline how the data processor will assist the controller in fulfilling data subjects` rights, such as subject access requests and the right to erasure.
- Data breach reporting: The agreement should set out the data processor`s obligations in reporting any personal data breaches to the data controller promptly.
Conclusion
Article 28 GDPR is a critical part of GDPR compliance and ensures that data processing activities are conducted in a manner that protects data subjects` rights. The agreement between the data controller and processor sets out clear lines of responsibility and accountability and must contain provisions on key areas such as data protection obligations, instructions, sub-processors, assistance with GDPR compliance, data subject rights, and data breach reporting.
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