Data Processing Agreement (Dpa)

  • Posted on: April 8, 2021
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1.6 “EU data protection legislation” (i) the RGPD; (ii) the EU Directive on Electronic Data Protection (Directive 2002/58/EC); and (iii) any applicable national data protection legislation adopted in accordance with (i) or (ii); in each case, which can be modified or replaced from time to time. Both processors and subcontractors are required to take appropriate technical and organizational measures to ensure the security of the personal data they process, which may include, where appropriate, measures to control the seizure, modification or removal of data processing systems through logging and reporting functions. The person in charge of the processing is responsible for setting up a lawful data process and respecting the rights of the people concerned. The person in charge of processing determines how and under what conditions data processing takes place. The processor must have a data processing agreement with his processors. Example: Company A collects customer data itself and stores it in an online saaS CRM system from Company B. In such a case, Company A is for processing and Company B is a processor.× Dismissal Warning 2.4 DigitalOcean Processing Personal Data. As a processor, DigitalOcean processes personal data only for the following purposes: (i) processing for the performance of services in accordance with the agreement; (ii) the treatment to complete all the necessary steps to carry out the contract; and (iii) other appropriate customer instructions, as long as they comply with the terms of this Agreement and only in accordance with the Customer`s documented legal instructions. The parties agree that this data protection authority and the agreement require full and definitive instructions from the Client to DigitalOcean regarding the processing of personal data and the processing outside the scope of these instructions (if any) requires prior written agreement between the customer and DigitalOcean. Name of the data importing organization: Scalarr Inc., a transfer of personal data from the contract processor to a contract processor or between two branches of a contract processor, in any case in the event that such transfers are prohibited by data protection laws (or by the terms of data transfer agreements agreed upon for the Data Protection Restrictions Commission); (b) that it has no reason to believe that the current legislation prevents it from complying with the instructions received from the data exporter and its contractual obligations and that, in the event of a change in this legislation that could have a material negative effect on the safeguards and obligations in the clauses, it will immediately inform the exporter as soon as it becomes aware of it, in which case the data exporter is allowed to suspend the data transmission; “personal data,” any customer data relating to an identified or identifiable individual, as long as that information is protected as personal data under applicable data protection legislation. Measures to prevent the use of data processing systems by unauthorized persons, including subprocessors, process data on behalf of the subcontractor. Data processors should have a data processing agreement with all the subcontractors they use. The processor should not use the subprocessors without the controller`s prior approval. Example:Company B provides an online SaaS CRM system hosted on a C company platform. Company B being the transformer, Company C is a subprocessor.× warning according to the RGPD, the organisation that defines the purpose of data processing (i.e. the person in charge of processing) has more legal obligations, but as the EU customer and the outsourcing company will protect this data, it is the responsibility of both parties – the EU company that must do the application, and the outsourcing company that needs data to complete the project.