Washington Data Processing Outsourcing Agreement

State:
Multi-State
Control #:
US-12685BG
Format:
Word; 
Rich Text
Instant download

Description

This form is a detailed Data Processing Outsourcing Agreement document for use in the computer, internet and/or software industries.

Washington Data Processing Outsourcing Agreement is a legally binding contract between a business in Washington State and an outsourcing service provider that governs the terms and conditions of data processing outsourcing services. This agreement ensures the confidentiality, security, and proper handling of data during the outsourcing process. The Washington Data Processing Outsourcing Agreement includes several key components, such as the scope of services, obligations of both parties, intellectual property rights, data protection, liability, termination clauses, and dispute resolution mechanisms. It outlines the specific services to be outsourced, the responsibilities of each party, and the agreed-upon service-level expectations. There are different types of data processing outsourcing agreements that can be tailored to suit the specific needs of a business: 1. Full outsourcing agreement: This type of agreement involves outsourcing the entire data processing function to a service provider. The service provider takes complete responsibility for managing and processing the data, while the business retains control and oversight. 2. Partial outsourcing agreement: In this arrangement, specific data processing functions or tasks are outsourced to a service provider. It could involve outsourcing tasks like data entry, data conversion, data analysis, or database management while retaining other functions in-house. 3. Cloud-based outsourcing agreement: With the increasing popularity of cloud computing, this type of agreement involves outsourcing data processing functions to a cloud service provider. The data is stored and processed on remote servers, accessed over the internet, and the agreement defines the terms and conditions for such data processing on the cloud. 4. Offshore outsourcing agreement: This agreement involves outsourcing data processing functions to a service provider located outside of Washington, often in another country. It addresses unique considerations like international data transfer, jurisdictional issues, and compliance with local laws and regulations. The Washington Data Processing Outsourcing Agreement is crucial for businesses seeking to outsource data processing functions to ensure clarity, protect sensitive information, and allocate responsibilities between parties. It facilitates a smooth and efficient outsourcing process while safeguarding the interests of both the business and the service provider.

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FAQ

Even though the data handled might not be up-to-date, a DPA is essential to protect you from legal issues. Case example: In order to avoid loss of data, you commission a service provider with the backup storage of your data. Since the service provider has access to the data stored, a DPA must be signed.

Even though the data handled might not be up-to-date, a DPA is essential to protect you from legal issues. Case example: In order to avoid loss of data, you commission a service provider with the backup storage of your data. Since the service provider has access to the data stored, a DPA must be signed.

Data Processing Agreement RequirementsThe subject matter of processing. The duration of the processing. The nature and purpose of the processing. The type of personal data involved.

Do I need to have a Data Processing Agreement? If you exchange personal data with other parties, you should have a Data Processing Agreement in place. Articles 28 through 36 of the GDPR cover the requirements for data processing and data processing agreements.

Elements of a DPA Generally speaking, a DPA should include the scope and purpose of data processing, what data will be processed, how it will be protected, and the controller-processor relationship. GDPR data processing agreements must be particularly detailed.

A data processing agreement is a legally binding contract that states the rights and obligations of each party concerning the protection of personal data (see What is personal data?).

Your Data Processing Agreement must include:Details of the subject matter, duration, nature, and purpose of the processing.Details of the categories of personal data and data subjects.Obligations of the data controller.Obligations of the data processor, including:Any other applicable or optional clauses including:25-Apr-2022

In summary, here's what you need to include: The processor agrees to process personal data only on written instructions of the controller. Everyone who comes into contact with the data is sworn to confidentiality. All appropriate technical and organizational measures are used to protect the security of the data.

What do DPAs have to include?The subject matter and duration of any processing;The nature and purpose of the processing;The type of personal data and categories of data subject; and.The obligations and rights of the data controller.

More info

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Washington Data Processing Outsourcing Agreement