General Data Processing Agreement (for Processors)

What is it?

With this data processing agreement, you can determine how the data processor uses the personal data that the controller collects. For example, it's possible to agree on:

The specific purposes for which personal data are used;
The security measures taken by processor;
The confidentiality of the personal data.

Why do I need it?

Almost every company collects personal data of visitors, customers or users. Data can already be personal data if you can trace it back to the person. Not just someone's name, but also their e-mail address, phone number and IP-address are personal data.

When you process this data for other parties (for example: storage, sorting and using) you are a processor and as such you and the controller are legally obliged to have a processing agreement. This agreement is suited for processors who process data for a lot of different controllers and want to use one standard agreement for that.

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Important tips

Controller or Processor?
It is the controller who determines why and in which way the personal data is collected (purpose and means). The processor is the one who, in service of the controller, processes the personal data. When you, as a processor, offer a service which includes the processing of personal data as an core business element, you can choose to use your own standard data processing agreement for all your customers.

The data processor may in principle not process data outside of the EU
Data can only be processed within countries outside the EU that provide an adequate level of protection for the processing of personal data in accordance with the GDPR. For example, when an American company is listed on the EU-US Privacy Shield List.

Note!

This is a convenience translation from the original Dutch version. Although we try to assure that the agreement is without errors, we do not guarantee this in any way. Also, translated Dutch law concepts may mean something else in other jurisdictions. Note that this agreement is to be used in a Dutch context only.