What are the Legal Requirements for Sharing Data with a Data Processor?
A Data Processor Contract is a mandatory legal agreement required whenever a Data Controller shares personal information with a third-party provider. Under the Data Protection Act (2018), this contract must specify the nature of the processing and include specific clauses that create a legal obligation to protect the rights and data of the individuals involved.
Why is a Data Processing Agreement (DPA) Mandatory for Compliance?
A Data Processing Agreement is mandatory because it ensures that data subjects remain protected through a transparent, legally binding framework. If a contract lacks the legally specified clauses or fails to detail the processing activities, the relationship is considered non-compliant, exposing the Data Controller to significant regulatory risks and potential enforcement actions.
What Technical and Organisational Measures (TOMs) Must a Processor Provide?
Technical and organisational measures are the security protocols and administrative safeguards a processor implements to guarantee data safety. Organizations must perform due diligence to ensure these measures are sufficient; for high-risk activities, it is recommended to conduct a standalone data protection security assessment to verify these guarantees beyond the standard contract terms.
How are International Data Transfers and Sub-processors Regulated?
International data transfers involve moving personal information to countries outside of the EU’s adequacy list, necessitating additional legal safeguards to maintain protection levels. Additionally, a data processor is strictly prohibited from engaging a sub-processor without obtaining prior written permission from the Data Controller, ensuring the chain of accountability remains unbroken.
How Can ProvePrivacy Help with Data Processor Compliance?
ProvePrivacy streamlines the due diligence process by providing a centralized platform to manage vendor contracts and technical assessments. The system identifies missing mandatory clauses, tracks technical and organisational measures (TOMs), and manages the workflow for international transfers and sub-processor permissions, ensuring all data sharing remains fully compliant with global standards.
Sources
- Data Protection Act (2018): https://www.legislation.gov.uk/ukpga/2018/12/contents
- EU Adequacy List: https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en
