Data Processing Agreement (GDPR) (EN)

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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 other parties process this data (for example: storage, sorting and using) you are legally obliged to have a processing agreement. For example think of a payroll administration. They process the personal data you have collected.

Other names for this document

• Data processing contract
• Data processing agreement AVG

Important tips

If you are a data controller
When your company determines why and to what extent personal data is collected (purpose and means), you are responsible for the way the data processor processes the personal data. Even when the data processor is a subsidiary company, you are legally obliged to have a data processing agreement with the subsidiary company.

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.

The most important GDPR changes
You can find more information and tips on our blog (Dutch): https://legalloyd.com/blog/overzicht-regels-privacy

Note!

This is a convenience translation from the original Dutch privacy policy. Although we try to assure that the policy 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.