DPA inspection made easyHow companies master the data protection jungle with order processing contracts

Author: Dr Markus Hülper, Attorney at Law

Data protection – a topic that makes many companies sweat. It gets particularly tricky when it comes to data processing agreements (DPAs). These are not only required by law, but are also indispensable for ensuring that collaboration with service providers complies with data protection regulations. But how do you draw up a legally compliant data processing agreement? And is it possible to check whether a submitted contract fulfils the legal requirements? This is the crux of the matter: The subject matter is complex, the legal situation is dynamic and the technical and organisational requirements vary from case to case.

Why data processing agreements are a challenge for companies

A data processing agreement regulates the processing of personal data by a service provider on behalf of a company. Sounds simple at first, right? Unfortunately, no. Because in practice, drawing up and reviewing an order processing contract is anything but trivial.

Companies are facing several challenges:

  1. Legal complexity:

    The DPA must implement numerous requirements from the General Data Protection Regulation (GDPR). One small mistake and you could face legal consequences such as fines or liability issues.

  2. Technical and organisational measures (TOMs):

    What specific data security measures must the service provider take? The TOMs must be tailored precisely to the respective service provider and the type of processing, which requires extensive knowledge of IT security and data protection.

  3. Lack of expertise:

    Many companies do not have the internal resources or expertise to create or review GCUs independently. In addition, there are often no clear standards that can be used as a guide.

  4. Complexity through international co-operation:

    Especially when service providers are based abroad, questions arise regarding the legal basis for data transfer and the respective country-specific data protection regulations.

So it’s no wonder that companies are often at a loss here. But don’t worry – we are happy to support you!

Customised DPA samples from experts

CLARIUS.LEGAL successfully supports companies in areas such as data protection, compliance and IT law. We know what is important in a legally compliant data processing agreement and offer customised sample DPAs that are perfectly tailored to your needs.

This is how we help you:

Customization

We take your specific technical and organizational measures (TOMs) into account and integrate them precisely into the order processing contract. We attach particular importance to ensuring that the measures are practical and feasible.

Legal certainty

Our templates are based on the current legal requirements and include all necessary regulations, from the authority to issue instructions to the return of data. In particular, we ensure that regulations on subcontractors and emergency plans are clearly defined.

Practical orientation

We make sure that your data processing agreement is not only legally compliant, but also easy to understand - after all, nobody wants to struggle through pages of legal red tape. With clear wording and a clear structure, your data processing agreement will be a tool that you will enjoy working with.

We also advise you on how the data processing agreement can be seamlessly integrated into your existing data protection processes so that you receive not just a contract, but a holistic solution.

The result? A data processing agreements that is not only legally flawless, but also efficiently supports your compliance requirements and creates trust with your business partners.

External review of data processing agreementsfast, legally compliant and cost-efficient

In addition to the creation of DPAs, many companies are faced with another question: How do you actually check a contract submitted by a service provider? We are also here to help. Based on tried-and-tested processes and with the sensible use of legal tech, we support companies in overcoming their data protection challenges. We analyse your order processing contract and put it through its paces.

You benefit from the following advantages:

Time saving

Our lawyers are very familiar with the requirements for order processing contracts. They can therefore implement the review of order processing contracts very quickly and precisely.

Legal certainty

We check in compliance with all current legal requirements and highlight any weak points or missing regulations - supplemented directly with alternative proposals on request.

Cost efficiency

External auditing not only saves you time, but also costs - without compromising on quality. Thanks to our tried-and-tested processes, our lawyers can work very efficiently and provide you with tailor-made support.

Transparency

All results are clearly documented so that you can prove at any time that your data protection obligations have been properly fulfilled.

Your data protection problems are our motivation

Our service goes beyond the DPA audit: we offer advice and comprehensive tools for data protection management, from documentation to risk assessment. Tools with automatic reminders for upcoming contract reviews or templates for data protection impact assessments make day-to-day data protection easier than ever and optimise collaboration with internal and external data protection officers. You have a centralised overview of all relevant information and can ensure that your company is prepared for audits by supervisory authorities at all times.

Data protection does not have to remain a closed book. With our support, you can master the challenges surrounding data processing agreements in no time at all – whether through customised contract templates or external audits by our specialists. Contact us and find out how we can help you to organise your data protection efficiently and in a legally compliant manner. Together we can shed light on the data protection jungle!

Please contact us for further information.

Your personal contact

Matthias SchulzDirector Sales

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