Hey there, let’s talk about Data Processing Agreements!
Do you know that many organisations are unknowingly giving up control of their data by signing Processor-Favoured DPAs? These agreements are often written to benefit the processor, not the controller, which can lead to costly mistakes.
It’s essential to understand global privacy laws like GDPR and India’s DPDP Act, which clearly state that processors must follow the controller’s instructions. When controllers accept processor-drafted DPAs, they risk losing control without even realizing it.
Are Processor-Drafted DPAs Really Protecting You?
As a Data Controller, you hold the legal responsibility for data handling. So why are you signing contracts that limit your rights and put you at a disadvantage?
Let’s dive into the key issues with Processor-Favoured DPAs…
Each clause in these agreements can put you at a disadvantage and increase the risk of non-compliance. It’s time to take back control!
Why Audit Restrictions Matter
Audit rights are crucial for ensuring transparency in data handling. Don’t let processor-drafted agreements block your ability to verify how your data is being managed.
Without clear audit rights, you might not be able to identify compliance failures until it’s too late. Don’t let that happen!
Why Delayed Breach Notifications Are Risky
Time is of the essence when a data breach occurs. Ensure that your agreements require immediate breach notifications to avoid regulatory fines and damage to your brand.
Don’t Let Weak DSAR Clauses Leave You Exposed
Data Subject Access Requests are a critical aspect of privacy laws. Make sure your agreements clearly outline DSAR cooperation terms to protect your data subjects’ rights.
Why Data Retention Should Be Your Call
Take charge of how long your data is retained. Ensure that your agreements specify data retention limits set by you, not the processor, to reduce the risk of misuse or breaches.
Balancing Liability Is Key
When things go wrong, you don’t want to be left holding the bag. Make sure your agreements have balanced liability clauses that protect your interests and ensure fair accountability.
How Professionally Drafted DPAs Can Help
It’s time to push back against Processor-Favoured DPAs. By using controller-focused agreements, you can gain control, reduce risk, and protect your organisation from legal and operational challenges.
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Full audit rights.
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Immediate breach notification obligations.
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Clear DSAR cooperation terms.
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Defined data retention limits.
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Balanced and fair liability clauses.
With the right agreement, you can take control of your data relationships and protect your organisation from potential risks.
Let Formiti Help You Regain Control
At Formiti Data International, we specialize in drafting DPAs that align with your legal role and responsibilities. Whether you’re subject to GDPR, CCPA, or any other framework, our tailored contracts can meet your specific needs.
With Formiti, you can expect:
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Controller-led DPA frameworks.
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Global coverage across six regions and 120+ countries.
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Clear, enforceable terms that protect your interests.
Take Charge of Your Data Relationships
Don’t let Processor-Favoured DPAs dictate the rules. It’s time to protect your position and ensure your agreements reflect your role, risks, and responsibilities.
Stop signing one-sided agreements and start taking control of your data relationships today!
Choose Formiti for Global Data Protection
