Question 1

What is a Data Processing Agreement (DPA)?

Accepted Answer

A DPA is a legal contract between a data controller (the organization that collects data) and a data processor (the service that handles data on their behalf) that defines how personal data must be handled, protected, and processed in compliance with privacy laws.

Question 2

When is a DPA required?

Accepted Answer

A DPA is required under GDPR whenever a data controller engages a third-party data processor to handle personal data of EU residents. Similar requirements exist under CCPA, LGPD, and other privacy frameworks.

Question 3

What is the difference between a data controller and data processor?

Accepted Answer

The data controller determines the purposes and means of processing personal data, while the data processor processes data on behalf of the controller according to their instructions.

Question 4

What security measures should a DPA include?

Accepted Answer

A DPA should include technical measures (encryption, access controls, firewalls, regular backups) and organizational measures (employee training, security policies, incident response plans, regular audits).

Question 5

What happens in case of a data breach?

Accepted Answer

The data processor must notify the controller without undue delay (within 72 hours under GDPR). The controller then assesses the breach and may need to notify the supervisory authority and affected individuals.

Question 6

Can a processor use sub-processors?

Accepted Answer

Yes, but only with the controller's prior authorization. The DPA should specify whether general or specific authorization is required and establish a process for adding new sub-processors.

Question 7

What rights do data subjects have under a DPA?

Accepted Answer

Data subjects have rights including access to their data, rectification of inaccurate data, erasure (right to be forgotten), data portability, restriction of processing, and the right to object to processing.

Question 8

What are the penalties for not having a DPA?

Accepted Answer

Under GDPR, failure to have a proper DPA can result in fines up to 10 million euros or 2% of global annual turnover, whichever is higher. Other regulations impose similar penalties.

Question 9

Can this document be signed electronically?

Accepted Answer

In many jurisdictions, electronic signatures are legally valid for this type of document. However, some documents may require wet-ink signatures depending on local laws.

Question 10

What happens if one party breaches this document?

Accepted Answer

The non-breaching party may seek legal remedies such as damages, specific performance, or injunctive relief. The available remedies depend on the jurisdiction and terms of the document.

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