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Legal Update about Data Processing Agreements

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Legal Update:

On December 10, 2019, first standard contractual clauses for Data Processing Agreements drafted by the Danish Data Protection Agency (“Datatilsynet”) has been published in the Register of European Data Protection Board (“EDPB”).

“What is Data Processing Agreements?

Data Processing Agreements (“DPA”) are entered by and between data controllers and data processors. These contracts allocate rights and responsibilities of the parties to ensure GDPR compliant data processing.”

Datatilsynet submitted its standard contractual clause (“Draft DPA”) to the EDPB requesting an opinion to ensure its compliance with GDPR’s relevant provisions. Upon the request, the EDPB released the opinion numbered 14/2019 regarding its guidelines and comments on the Draft DPA on July 9, 2019.

On December 10, 2019, the final version of the Draft DPA published in the EDPB’s Register for Decisions. Accordingly, Draft DPA clauses are designed to fulfil the requirements of Article 28 of GDPR, by referring and addressing the responsibilities of both parties, the controllers and processors. To take a look to standard contractual clauses of Datatilsynet click below:

https://edpb.europa.eu/sites/edpb/files/files/file2/dk_sa_standard_contractual_clauses_december_2019_en.pdf

You may also find our first reviews on the drafted version of such standard contractual clauses and EDPB’s opinion in the link below:

http://www.herdem.av.tr/characteristics-of-data-processing-agreements

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