The first part of the template, as it reads in Word. Blanks are shown as lines; the drafting notes sit in the margin of the file.
DATA PROCESSING AGREEMENT
This Data Processing Agreement (the “DPA”) is made on ____________________ between:
(1) ____________________ LTD, a company registered in England and Wales (registration number ____________) whose registered office is at ______________________________________________ (the “Controller”); and
(2) ____________________ LTD, a company registered in England and Wales (registration number ____________) whose registered office is at ______________________________________________ (the “Processor”).
Background
(A) The Controller and the Processor have entered into an agreement dated ____________________ (the “Main Agreement”) under which the Processor provides services to the Controller (the “Services”).
(B) In providing the Services the Processor processes personal data on the Controller’s behalf, and the parties wish to record their obligations under the Data Protection Legislation.
1. Definitions
“Data Protection Legislation”: the UK GDPR, the Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003, and any other applicable law relating to the processing of personal data, in each case as amended or replaced.
“Controller, Processor, Data Subject, Personal Data, Personal Data Breach, Processing and Supervisory Authority”: have the meanings given in the Data Protection Legislation.