Data Processing Agreement Or Data Sharing Agreement

1.1.4 “Data protection laws” are EU data protection laws and, where appropriate, data protection or data protection legislation from another country; the transfer of personal data from the company by a contract subcontractor to a subcontractor or between two branches of a commercial subcontractor, at least where such transmission would be prohibited by data protection legislation (or by the conditions of data transfer agreements put in place to impose restrictions on data protection); The subcontractor should be able to demonstrate to the handler an approach to information security, expertise, reliability, resources, adherence to principles and enable individuals to exercise their rights in accordance with the requirements of the RGPD. This helps the controller assess whether sufficient safeguards have been met. Another problem that may arise when using subcontractors is the international transfer of personal data outside the European Union, especially when the service you use stores this data on servers outside the EU. The RGPD calls this storage a “restricted transmission.” While this may be complex, it is outside the scope of this article, but you can get information from the OIC`s notice on situations in which limited transfers are allowed. However, a number of clauses should be included in a data-sharing agreement: Article 26 of the RGPD stipulates that the common managers of the processing define “in full transparency” their respective responsibilities for compliance, in particular with regard to the provision of information to the persons concerned and the exercise of the rights of the person concerned. An exception is made where EU law or the national law of an EU member state defines the respective powers. In cases where you (as the processing manager) must ensure that the required contractual terms are covered, we have submitted a standard controller processor contract with the terms of the section 28 contract. which processes personal data on behalf of the processor, it is your responsibility to ensure that the required contractual conditions are included and adapted to the treatment. In other cases, the terms of use of the data processor may include or refer to a contract covering the necessary clauses, especially in the case of online web services that you could use. There is no standardized approach and different terminology is often used. In simpler situations, the person in charge of the processing that provides the data in common can obtain a simple confidentiality agreement that is necessary as anything that is needed.

You`ll find sample NDAs here. This will help reduce risk and clarify how data can (and can) be used, especially when sharing is systematic, contains detailed information or contains specific category data. Any declaration of confidentiality should allow the individuals concerned to know who is the common person responsible for the treatment and who is responsible for what. For example, when a combined service is provided, individuals need to know which organization they are applying to for access requests. Data exchange agreements are complex legal documents. However, these agreements can not only prevent chaotic situations in the event of a data breach, but also contribute to the protection of personal data, which is the central objective of the RGPD.