Analysing legal conformity and completness of DPA (GDPR)

Identify the parties involved in the Data Processing Agreement (DPA).

Determine the purpose and scope of the data processing.

Assess whether the DPA is necessary for the processing activities.

Verify that a valid legal basis for data processing is established (e.g., consent, contract, legal obligation).

Ensure that sensitive data processing is explicitly justified under GDPR provisions.

Confirm that the roles of data controller and data processor are clearly defined.

Check that the obligations of the data processor are clearly outlined, including security measures.

Ensure that the responsibilities regarding data subject rights are clearly addressed.

Review provisions related to data subject rights (access, rectification, erasure, restriction, portability).

Ensure that mechanisms are in place for responding to data subject requests.

Assess the adequacy of the security measures specified in the DPA.

Confirm that the data processor is required to implement appropriate technical and organizational measures.

Verify that the DPA includes conditions for engaging sub-processors.

Ensure that the data processor is obligated to flow down similar contractual obligations to sub-processors.

Check for compliance with international data transfer requirements (e.g., adequacy decisions, Standard Contractual Clauses).

Ensure that mechanisms are in place for protecting data when transferred outside the EU.

Review the liability clauses for clarity and fairness.

Ensure that indemnity provisions are included for data breaches or violations of the DPA.

Assess the duration of the DPA and conditions for termination.

Ensure that obligations regarding data return or deletion upon termination are specified.

Confirm that the DPA allows for audits and compliance checks by the data controller.

Ensure that there are provisions for reporting data breaches in a timely manner.

Establish a process for regular review and updates of the DPA to reflect changes in law or processing activities.

Ensure that any amendments to the DPA are documented and agreed upon by both parties.

Verify that the DPA is documented and accessible to relevant stakeholders.

Ensure that records of processing activities are maintained in accordance with GDPR requirements.