Obligations after termination of personal data: Overview, definition, and example
What are obligations after termination of personal data?
Obligations after termination of personal data refer to the duties a party has regarding personal data once a contract ends. These obligations usually involve securely deleting, returning, or continuing to protect personal data that was collected, processed, or shared during the relationship—especially when the data involves individuals’ privacy rights under laws like GDPR or state privacy laws.
Why are obligations after termination of personal data important?
When a business relationship ends, mishandling personal data can lead to privacy violations, data breaches, or legal penalties. Clearly defined post-termination obligations help ensure personal data is properly handled, even after the contract is over. They also give data owners peace of mind that their information won’t be used, stored, or leaked inappropriately.
Understanding obligations after termination of personal data through an example
A marketing agency processes customer data on behalf of a retail brand. When their contract ends, the brand may require the agency to delete all personal data it handled or return it within a set timeframe. If the agency keeps a backup or reuses the data, it could violate privacy laws or the original agreement—leading to serious legal and reputational risks.
Example of an obligations after termination of personal data clause
Here’s how an obligations after termination of personal data clause may appear in a contract:
"Upon termination or expiration of this Agreement, the Processor shall, at the Controller’s option, delete or return all personal data processed under this Agreement and certify in writing that no copies have been retained, except as required by applicable law."
Conclusion
Obligations after termination of personal data help businesses maintain trust, comply with privacy laws, and avoid unnecessary data risk once a contract ends. Whether you’re the data controller or processor, it’s essential to clarify these obligations in advance and follow through with secure data handling practices after the relationship concludes.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.