Introduction to Data Processing Agreement

In a world of rapidly advancing technology, data is being bought, sold, and processed in hefty amounts every second of every minute. It is therefore very important to know how your data is being managed by companies or how to properly process data that might otherwise lead to vexatious litigation.

A data processing agreement (DPA) is a legally binding contract that provides the terms and conditions based on which the processing of data takes place by a data controller. The purpose of these agreements is to make sure parties follow the appropriate state and international level regulations such as the General Data Protection Regulation (GDPR) Compliance.

Ahlawat & Associates make sure that all your data is processed according to the norms and that all compliances are properly followed. We also make sure that all the security measures are properly implemented to protect personal data from unauthorised access, disclosure, or loss.

Purpose of Data Processing Agreement

The purpose of a Data Processing Agreement is to make sure all the data is processed in accordance with applicable laws and that both parties meet their legal obligations in conformity with the appropriate security and privacy measures.

Ahlawat & Associates helps you meet all your legal compliances including the General Data Protection Regulation Compliances (GDPR) in India as well as internationally.

Ahlawat & Associates help you build the trust factor by demonstrating accountability while processing data.

We have a team of dedicated lawyers and IP professionals who help you in drafting a data processing agreement suited to your needs as well as ensure accountability with the other client. We also ensure that if any subprocessors are used, they are also subjected to compliance through the Data Processing Agreement. We make sure that the DPA outlines the circumstances in which the data processor may use subprocessors and the requirements that apply to them if they are planning to use their help in processing personal data.

We also help is defining the data subject rights and the obligations of data processors in responding to data requests like access, erasure, and data portability. One of the most important aspects of data processing is the breach of the terms of the contract and disclosure of confidential data to third parties. Ahlawat & Associates are ready to help you throughout the process using our top legal minds and ensure that no such event occurs or if it does you are compensated fairly.

We also ensure that in the event the data is transferred beyond the jurisdiction of the data processors, all international compliances are met and are so mentioned in the standard contractual clauses. We also help in determining the terms and conditions of the contract in case of termination.

Scope of Data Processing Agreement

The scope of a data processing agreement (DPA) outlines the specific aspects and parameters of the data processing activities covered by the agreement. Ahlawat & Associates is one of the best law firms in the field of Data Processing Agreements.

The scope of Data Processing Agreements is not exhaustive but generally includes the types of personal data that can be processed by the data processors. This could include information such as names, addresses, contact details, financial data, health information, or any other relevant data categories. We ensure that the scope is limited to the ones to which the contract pertains following which there is no data breach.

We make sure that the data processor can process only those data which it is permitted to and the data subjects are exclusively mentioned like customers, employees, or other relevant demographics.

We exclusively mention the purpose to which the Data Processing Agreement pertains. Customer relationship management, order fulfillment, service providing, marketing, analytics, and any other legitimate goals specified by the data controller are a few examples.

We limit the activities that the data processor is allowed to undertake with respect to personal data. This could involve gathering, recording, organising, storing, retrieving, altering, consulting, disclosing, erasing, or any other pertinent processing operations. We also exclusively provide for where the data will be stored and retained after processing and the duration for which such retention is legally allowed.

We also strictly ensure the security measures the processing company needs to follow while processing data. It could include technical and organizational measures to ensure the confidentiality, integrity, and availability of the data.

Our Approach to Data Processing Agreements

Ahlawat & Associates is one of the top law firms in India for Data Processing Agreements and GDPR Compliances.

• We make sure all the legal and non-legal compliances are met at both domestic and international levels including GDPR Compliances.
• We make sure the roles and responsibilities of the data processor are clearly defined to minimise the chances of illegal data processing.
• We establish the necessary security measures that the data processor must implement to safeguard personal data against unauthorized access, disclosure, loss, or destruction.
• We ensure that if sub-processors are used, there are proper legal compliances and explicit scope within which sub-processors are used.
• We ensure that if personal data is transferred outside the jurisdiction of the data controller, the DPA addresses the legal requirements for such transfers.
• We make sure that the DPA complies with the obligations of data monitoring and audits the data processor’s activities.
• We also set the appropriate conditions under which the termination of DPA can be granted.