Under the General Data Protection Regulation, organizations that process personal data on behalf of others must establish Data Processing Agreements. Article 28 mandates specific contractual provisions between data controllers and data processors.
Required DPA Elements
A compliant DPA must include:
- Subject matter and duration of processing
- Nature and purpose of processing
- Types of personal data and categories of data subjects
- Obligations and rights of the controller
- Technical and organizational security measures
- Sub-processor engagement terms and approval process
- Data deletion or return upon contract termination
- Audit rights for the controller
Common Pitfalls
DPAs often go stale when processing activities change. Many organizations fail to maintain a register of sub-processors. Breach notification clauses frequently lack the specificity needed to enable 72-hour notification to authorities. And international transfers get overlooked, missing necessary mechanisms like Standard Contractual Clauses or adequacy decisions.
Best Practices
Review and update DPAs at least annually. Implement a sub-processor management program so you know who is handling data on your behalf. Include clear data retention and deletion schedules. Make sure DPA terms flow down to sub-processors so the chain of responsibility stays intact.