GDPR Compliance: Is Your Data Processing Agreement Up to Date?
The evolving landscape of data privacy in the UK continues to present significant challenges for businesses of all sizes. Since the UK's departure from the European Union, the "UK GDPR" has operated alongside the Data Protection Act 2018, creating a nuanced regulatory environment that demands meticulous attention to detail.
Failure to maintain updated Data Processing Agreements (DPAs) is not merely a technical oversight; it is a substantial legal risk. With regulatory bodies like the Information Commissioner's Office (ICO) increasingly focusing on how controllers and processors manage their relationships, the DPA remains the cornerstone of your compliance framework.
Key Elements of a 2024 DPA
A robust Data Processing Agreement must now address several critical components to satisfy modern legal standards:
The DPA Compliance Checklist
- Explicit details of the subject matter and duration of processing.
- Specific nature and purpose of the intended processing.
- Precise categories of data subjects and types of personal data.
- Updated technical and organizational security measures.
- Provisions for data breach notifications within 72 hours.
International Data Transfers
Handling data moving outside the UK or EEA is perhaps the most complex area of modern drafting. Following the adoption of the UK International Data Transfer Agreement (IDTA) and the Addendum to the EU Standard Contractual Clauses (SCCs), businesses must ensure their DPAs correctly reference these mechanisms for any cross-border flows.
At Thames Draftworks, we specialize in harmonizing these requirements, ensuring that your international operations remain seamless and legally sound, regardless of where your processors are located.
Ensure Your Compliance Today
Don't leave your business vulnerable to regulatory penalties. Our solicitors provide bespoke DPA template creation and existing document reviews to ensure your data protection is impeccable.
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