Original DPA: Overview, definition, and example
What is an original DPA?
An original DPA (data processing agreement) is a formal contract between parties that outlines the terms and conditions under which personal data is processed. It is typically used when one party (the data processor) handles personal data on behalf of another party (the data controller). This agreement ensures that both parties comply with data protection regulations, such as the General Data Protection Regulation (GDPR) in the EU, which imposes strict rules on how personal data must be handled, stored, and processed.
The "original" DPA refers to the initial version of the agreement, which sets the baseline for data processing activities, including the scope of the processing, the rights and obligations of both parties, data security measures, and how data subjects' rights will be protected.
Why is an original DPA important?
An Original DPA is important because it legally binds the parties involved to comply with applicable data protection laws and ensures that personal data is processed securely and ethically. Without a DPA in place, there is a risk of non-compliance with data protection laws, which can result in legal penalties, fines, and reputational damage.
For businesses, an Original DPA clarifies the roles and responsibilities of both the data controller and the data processor, helping to prevent disputes and ensuring that both parties understand how personal data should be handled. It also provides transparency and assurance to customers or users that their personal information is being protected according to legal standards.
Understanding the original DPA through an example
Imagine a company, XYZ Corp., that collects customer data through its online platform. XYZ Corp. uses a third-party service, ABC Services, to manage its email marketing campaigns. As part of this arrangement, XYZ Corp. (the data controller) and ABC Services (the data processor) enter into an Original DPA, which outlines the terms under which ABC Services will handle the customer data.
The Original DPA specifies that ABC Services is only allowed to use the customer data for the purpose of sending marketing emails on behalf of XYZ Corp., and it outlines the security measures ABC Services must implement to protect the data. The DPA also includes clauses about how the customer data will be returned or deleted at the end of the agreement and how both parties will handle data subject requests, such as a customer asking for their data to be deleted.
In another example, a healthcare provider contracts with a cloud storage provider to store patient records. The healthcare provider (data controller) enters into an Original DPA with the cloud provider (data processor) to ensure that patient data is handled in compliance with privacy regulations, such as HIPAA in the U.S. The DPA ensures that the cloud provider meets all the necessary security and confidentiality standards required for handling sensitive health information.
An example of an original DPA clause
Here’s how a clause in an Original DPA might look in a contract:
“The Processor agrees to process Personal Data on behalf of the Controller only for the purposes specified in this Agreement and shall implement appropriate technical and organizational measures to ensure the confidentiality and security of the Personal Data. The Processor shall not transfer Personal Data to any third party without the prior written consent of the Controller.”
Conclusion
The original DPA is a critical document for any organization that processes personal data on behalf of others. It helps ensure compliance with data protection laws, provides clarity on the roles and responsibilities of each party, and outlines the security measures that must be in place to protect personal data. For businesses, having a well-drafted Original DPA is essential for minimizing legal risks and maintaining trust with customers and stakeholders regarding data privacy.
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.