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

๐Ÿงพ Step 1: Define the Parties and Purpose

Identify:

  • Data controller and processor
  • Processing purpose (e.g., analytics, hosting)
  • Applicable regulations (GDPR, CCPA, etc.)

๐Ÿ” 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)

๐Ÿ›ก๏ธ Step 3: Outline Security and Confidentiality

  • Encryption methods
  • Data access controls
  • Internal policies and training

Include:

  • Sub-processor conditions
  • Data subject rights support
  • Return/deletion of data
  • Audit rights and assistance with impact assessments

๐Ÿ“ฃ Step 5: Data Breach Notification Terms

  • How quickly breaches must be reported (e.g., 72 hours under GDPR)
  • Notification channels and contacts

  • Effective date
  • Authorized representatives
  • Legal jurisdiction and governing law

๐Ÿงฐ Generate Your Own DPA

๐Ÿ‘‰ Use our Data Processing Agreement Generator to create a compliant contract instantly.


๐Ÿ“Œ Summary

Writing a DPA can be simple if you follow best practices. Always cover legal, technical, and operational concerns in your agreement.


See Also

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