If you are running a business that involves the processing of personal data of EU citizens, you need to be aware of the GDPR regulations and the requirement of sub-processing agreements.
As per the GDPR regulations, if you are appointing a sub-processor to handle personal data on your behalf, you need to have a contract in place that outlines the rights and responsibilities of both parties. This contract is known as a sub-processing agreement.
A sub-processing agreement is a legal contract that sets out the terms and conditions of the processing of personal data by a sub-processor on behalf of the data controller. The sub-processor agreement is a binding contract that must be signed by both parties.
In this agreement, the data controller outlines exactly what kind of data processing is allowed and what kind of data processing is prohibited. It also specifies the data breaches and the procedure for notifying them.
Sub-processing agreements are important because they help ensure that personal data remains secure and that privacy is protected. They are also essential for managing risks as they provide a framework for assessing the sub-processor`s ability to meet GDPR obligations.
The sub-processor agreement must also cover the sub-processor`s liability. A data controller will want to make sure that the sub-processor is accountable for any data breaches that may occur. Similarly, the sub-processor will want to protect themselves by limiting their liability and ensuring that their actions are not taken out of context.
In conclusion, if you are handling personal data of EU citizens, you must have a sub-processing agreement in place. This agreement helps to protect both parties and ensures that the data is processed safely and within the GDPR regulations. Make sure that you take the time to properly review and draft your sub-processing agreements to avoid any legal issues in the future.
