When Is A Data Protection Agreement Required

12.02.2019 – The processing of sensitive personal data can be a sensitive issue. The GDPR defines more or less clearly the areas of responsibility in technical and organizational matters. There are several rules for data processing agreements. However, these regulations are framed in a theoretical context. Their practical application may leave some aspects unclear. Have you ever wondered if your work case requires ODA or not? We present five cases that do not require ODA, although this may seem like the case at first glance. There is no specific format and controllers usually offer their form of data processing agreement when employing a processor. The essential requirement is that the content of the data processing agreement complies with the legal requirements of the GDPR and that the contracting parties are then free to determine the form or format and any additional clauses they wish to include (e.B.g. data protection compensation, contacts of both parties` data protection officers and procedures for processing a personal data breach in which the personal data data processing agreement). While a number of jurisdictions have also been designated as „approved“ jurisdictions by the EU (such as Argentina, Canada, and Israel), there is considerable uncertainty as to the best solution, as the Privacy Shield is regularly reviewed by the European Commission for its robustness as a data transfer solution.

Similarly, standard contractual clauses are currently being reviewed by the Court of Justice of the European Union and, in addition, the European Commission recently announced that it would review all countries that have been deemed „adequate“ in the past to ensure that their laws are still fit for purpose in terms of adequate protection of individuals` rights. 1.1.4 „Data Protection Laws“ means your data protection laws and, where applicable, the data protection laws of another country; When it comes to international data transfers, the Privacy Shield is an approved solution to the extent that personal data enters the United States from the EEA, but if the data is transferred across many borders, other solutions such as standard contractual clauses or binding corporate rules approved by the European Commission may be more appropriate. However, there are two levels of fines, depending on the seriousness and nature of the offence. .