Data Processing Agreement (DPA) Template

This Data Processing Agreement (“Agreement”) forms part of the principal services agreement (“Principal Agreement”) between:

[Insert Company Name] (the “Data Controller”)

and

[Insert Processor Name] (the “Data Processor”)

Together referred to as the “Parties.”

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Recitals #

• The Data Controller determines the purposes and means of processing personal data.
• The Data Processor provides services necessitating the processing of personal data on behalf of the Data Controller.
• This Agreement is established to ensure compliance with applicable data protection laws, including Regulation (EU) 2016/679 (GDPR).

The Parties agree as follows:

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1. Definitions #

1.1 Personal Data: Any information relating to an identified or identifiable natural person.

1.2 Processing: Any operation performed on personal data, such as collection, storage, use, or disclosure.

1.3 Data Subject: The individual to whom personal data relates.

1.4 Data Protection Laws: Legislation protecting the rights and freedoms of individuals concerning personal data, including the GDPR.

1.5 Subprocessor: Any entity engaged by the Data Processor to process personal data on behalf of the Data Controller.

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2. Scope of Processing #

2.1 Instructions: The Data Processor will process personal data only per documented instructions from the Data Controller, as outlined in this Agreement and the Principal Agreement.

2.2 Purpose and Nature: The processing activities’ nature, scope, duration, and categories are detailed in Annex 1.

2.3 Prohibition: The Data Processor shall not process personal data for purposes beyond those defined herein.

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3. Data Processor Obligations #