Template data processing agreement

  • Customisable to your needs
  • Quick and easy to complete
  • UK GDPR compliant

A data processing agreement is a legally binding, written contract governing the relationship between a data controller and a data processor, as well as the scope of their data processing activities. The agreement sets out the rights and responsibilities of the controller and the processor when they are sharing personal data, including what data is to be processed and how. It might also be referred to as a DPA or a data processing addendum.

It’s a legal requirement under Article 28 UK GDPR for a data controller and a data processor to have a written processing agreement in place when they share personal data. If you are a data controller, this template will help you to comply with that legal obligation.

It’s also a legal requirement for a data processor and a data sub-processor to have a written sub-processing agreement in place when they share personal data. This template can also be used to help you comply with that legal obligation if you are a data processor.

Data processing agreements are typically provided as an attachment (also called an Addendum) to another contract that the data controller and processor already have in place (eg a Services Agreement). This template is drafted on that basis. You can customise it to your specific processing activities.

Q&A

  • When should I use this document?

    If you are a data controller, you should use this template before you start sharing any personal data with a data processor. If you are a data processor, you should use this template before you start sharing personal data with a sub-processor.

    You are legally required to have a data processing agreement in place and this template will help you to set out the scope and purpose of the data processing activities, while providing you with sufficient guarantees from the processor to satisfy yourself that the processing will be carried out in accordance with data protection law at all times.

    This template is designed to be appended to an agreement that you already have in place with the data processor or sub-processor (eg a services agreement). It is not designed to be a standalone agreement.

  • What does this document cover?

    This template agreement contains all of the terms that you are legally required to put in place with your data processor. This includes details about what personal data will be processed and why, and terms confirming the following:

    • the processor will only deal with the data according to your instructions;
    • the processor will take appropriate measures to ensure that the data is secure at all times;
    • sub-processors will only be appointed if you provide authorisation in writing;
    • the processor will help you to comply with your own data protection obligations (eg it will help you respond to requests made from individuals about their personal data);
    • the processor will provide you with any information you require to show compliance with data protection obligations; and
    • how the processor should deal with the personal data at the end of the contract.
  • Why do I need this document?

    You are legally required to put in place a written data processing agreement with any processors or sub-processors that you share personal data with, and there are specific provisions that your agreement must include.

    This template agreement will help you to comply with your data protection obligations as it contains all of the terms that you are legally required to agree with your data processor, and it is customisable to the specific scope of your data processing activities.

    If you fail to comply with your data protection obligations, your business could face huge fines and damage to its reputation.

  • Where can I find out more?

    If you want further guidance about data processing agreements or data processing generally, see our guidance on data processing agreements.

    For a template you can use to carry out an impact assessment before you start sharing any personal data, you can use our Data protection impact assessment policy.

    If you want to know more about what the broader rules are around data sharing and what your obligations are, see our guidance on sharing personal data.

    If you’re planning on sharing personal data with another data controller rather than a data processor or sub-processor, see our guidance on data sharing agreeements.

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