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What is in a DPA, and do I need one?

A DPA (data processing agreement) is required under GDPR once a vendor processes your customers' personal data. The sub-processor list comes with it.

Try this first

  1. 1Request the DPA via vendor admin or support; many large vendors (Microsoft, Google, AWS) provide it as a download.
  2. 2Read the definition of 'personal data', the retention period, and the breach handling; these are the key sections.
  3. 3Request the sub-processor list; that lists all third parties potentially touching your data (CDN, helpdesk, analytics).
  4. 4Sign the DPA and store it in your SaaS register; an audit asks whether you have one per vendor handling personal data.
  5. 5On sub-processor changes the vendor should notify you; check that the notice clause is in the DPA.

When to bring us in

For DPAs that deviate from standard EU clauses or vendors refusing to sign one: ask for advice, that is not an IT call but a legal one.

See also

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