Data processing agreement (processor-sub-processor)

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This agreement provides for the transfer of personal data from data processors to sub-processors in a manner consistent with the GDPR.


Author: Alasdair Taylor
Updated: 4 January 2021
Length: 9 pages
Notes: 11 pages
Format: MS Word (.DOCX)

The GDPR (General Data Protection Regulation, Regulation (EU) 2016/679) and its UK offspring include detailed rules on the content of contracts between organisations that act as processors of personal data and those that act as sub-processors. This agreement is designed to help both processors and sub-processors to comply with their obligations under the GDPR.

Note that we have a separate document for controller-processor contracts. To illustrate the different categories of actor here: a social network operator would usually be a controller, while a hosting services reseller providing services to the operator would usually be a processor, and the ultimate provider of the hosting services would be a sub-processor of the reseller.

This agreement can be used alongside a services agreement; and it can be used in addition to a services agreements that was signed in the past.

The basic T&Cs in this document are very much like the terms in our controller-to-processor data processing agreement. The main distinction is that the “standard contractual clauses” are unavailable as a way of transmitting personal data to a sub-processor not in the EEA/UK.

  1. Definitions
  2. Supplemental
  3. Term
  4. Data protection
  5. Limits upon exclusions of liability
  6. Termination
  7. Effects of termination
  8. Notices
  9. General
  10. Interpretation

SCHEDULE 1 (DATA PROCESSING INFORMATION)

  1. Categories of data subject
  2. Types of Personal Data
  3. Purposes of processing
  4. Security measures for Personal Data
  5. Sub-processors of Personal Data

A copy of this data processing agreement (processor to sub processor) is included in the following pack:

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