How to Write a Data Processing Agreement for GDPR & CCPA Compliance
A proper Data Processing Agreement (DPA) is essential if your business collects, shares, or stores personal data using third-party platforms. Without it, you may violate GDPR or CCPA and face severe penalties.
This guide walks you through how to:
- Structure your DPA legally
- Write each clause clearly
- Address security, breaches, and sub-processors
- Generate a valid DPA using smart automation
🧾 Step 1: Define the Parties and Purpose
Identify:
- Data controller and processor
- Processing purpose (e.g., analytics, hosting)
- Applicable regulations (GDPR, CCPA, etc.)
🔐 Step 2: Describe the Data and Subjects
List:
- What types of personal data are processed
- Categories of data subjects (e.g., users, customers, employees)
- Special categories (e.g., health, biometric)
🛡️ Step 3: Outline Security and Confidentiality
- Encryption methods
- Data access controls
- Internal policies and training
⚖️ Step 4: Clarify Legal Obligations
Include:
- Sub-processor conditions
- Data subject rights support
- Return/deletion of data
- Audit rights and assistance with impact assessments
📣 Step 5: Data Breach Notification Terms
- How quickly breaches must be reported (e.g., 72 hours under GDPR)
- Notification channels and contacts
🧾 Step 6: Signatures and Legal Validity
- Effective date
- Authorized representatives
- Legal jurisdiction and governing law
🧰 Generate Your Own DPA
👉 Use our Data Processing Agreement Generator to create a compliant contract instantly.
📌 Summary
Writing a DPA can be simple if you follow best practices. Always cover legal, technical, and operational concerns in your agreement.