Data-processing agreements

Set what a supplier may and may not do with personal information it handles for a customer.

Set how another business processes personal data for you.

  • Business / Legal document

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Key features

  • Who decides, and the limits

    The customer decides what is handled and why, the supplier acts only on written instructions and agrees not to sell, share, combine or train a model on it unless recorded.

  • What information is involved

    A table for whose information, what kinds, anything sensitive, why it is handled, what is done with it and how long it is kept.

  • Security, people and others involved

    Measures agreed and reviewed, access for those who need it, and consent and notice before adding or replacing anyone else.

  • Where it is held, requests and incidents

    Locations and no moves without consent, passing on requests from individuals, and telling the customer of incidents within a time you write in.

  • Audits and deletion

    Records and audit rights, authority demands, and return or deletion at the end, including backups, with confirmation.

About this document

A data processing agreement records what a supplier may do with personal information it handles on a customer's behalf while providing a service. The customer decides what is handled and why; the supplier acts on written instructions. It covers security, staff, others involved, where data is held, requests from the people concerned, incidents, audits, authority demands and deletion at the end.

This blank form is completed by hand and signed by customer and supplier. It does not make a business compliant with any privacy or data-protection law, and it says neither party relies on it as advice about what is required. What a law requires of a business depends on the data, the business and where the people are, so take advice. The form has blanks for transfers between countries and tells the parties to take their own advice on what is needed.

Is this document right for you?

Useful when

  • A supplier will handle your customers' or staff's personal information
  • You provide a service that involves handling a customer's personal information
  • You want instructions, security and deletion terms written down

Commonly used by

  • Businesses using hosting, analytics or support providers
  • Service providers and software vendors
  • Agencies handling client data

Not sure? about your situation first.

Alternatives

When to use this

  • A business engages a cloud provider to host customer records
  • A supplier agrees how it will report an incident
  • A customer sets which sub-suppliers may be used

What happens next

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  3. Talk to a specialised lawyer

  4. They prepare your document

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Questions

About the data-processing agreements

  • No. It records what the two of you agree. Whether you have obligations, and what they are, depends on your data, your business and where the people are. The form says neither party should treat it as advice.

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