Processor To Processor Dpa Template for England and Wales

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Key Requirements PROMPT example:

Processor To Processor Dpa

"I need a Processor to Processor DPA for our cloud storage company to engage a third-party analytics provider, ensuring compliance with UK GDPR and including specific provisions for international data transfers to the US."

Document background
The Processor To Processor DPA is essential when one data processor engages another to process personal data under English and Welsh law. This agreement is required for compliance with UK GDPR and the Data Protection Act 2018, particularly when services involving personal data processing are outsourced or delegated. The document outlines security measures, data handling procedures, breach notifications, and liability arrangements between processors. It's particularly crucial for maintaining data protection compliance chains and ensuring appropriate safeguards are in place for all data processing activities.
Suggested Sections

1. Parties: Identification of the processors and their roles

2. Background: Context of the processing relationship and reference to main service agreement

3. Definitions: Key terms used throughout the agreement

4. Scope and Purpose of Processing: Details of what data is being processed and why

5. Duration: Term of the processing agreement

6. Processing Obligations: Core obligations of both processors

7. Security Measures: Technical and organizational measures required

8. Sub-processing: Rules around appointment of sub-processors

9. Data Subject Rights: How to handle data subject requests

10. Breach Notification: Procedures for handling data breaches

Optional Sections

1. International Transfers: Required when data transfers outside UK/EEA. Includes transfer mechanisms and safeguards

2. Audit Rights: Detailed audit procedures and requirements for high-risk processing scenarios

3. Insurance Requirements: Specific insurance obligations for high-risk processing activities

Suggested Schedules

1. Details of Processing: Detailed description of processing activities, categories of data, purposes

2. Technical and Organizational Measures: Detailed security measures implemented

3. Approved Sub-processors: List of pre-approved sub-processors if any

4. Transfer Mechanisms: Details of international transfer mechanisms if applicable

5. Security Breach Response Plan: Detailed procedures for handling data breaches

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: The United Kingdom General Data Protection Regulation - the primary data protection legislation in the UK post-Brexit, setting out the key principles, rights and obligations for processing personal data

DPA 2018: The Data Protection Act 2018 - the UK's implementation of data protection law, which complements and supplements the UK GDPR

PECR: Privacy and Electronic Communications Regulations 2003 - specific rules for electronic communications, including electronic marketing and cookies

EU GDPR: European Union General Data Protection Regulation - relevant for cross-border data transfers and organizations operating in both UK and EU

UK Adequacy Regulations: Regulations determining which countries are deemed to provide adequate data protection standards for international data transfers from the UK

IDTA: International Data Transfer Agreement - the UK's mechanism for ensuring appropriate safeguards for international data transfers post-Brexit

UK Addendum: UK Addendum to EU Standard Contractual Clauses - allows organizations to use EU SCCs modified for UK data transfers

FSMA 2000: Financial Services and Markets Act 2000 - relevant for data processing agreements in the financial services sector

FCA Requirements: Financial Conduct Authority regulatory requirements for data protection in the financial services sector

English Contract Law: Common law principles governing contract formation, interpretation and enforcement under English and Welsh jurisdiction

ICO Guidelines: Information Commissioner's Office guidance on data protection compliance and best practices in the UK

EDPB Guidelines: European Data Protection Board guidelines providing interpretation and practical guidance on data protection requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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