If you are managing a joint venture or collaboration with another organization, you may be required to enter into a data processing agreement for joint controllers. This agreement outlines the responsibilities of both parties regarding the collection, use, and storage of personal data.
In the EU, the General Data Protection Regulation (GDPR) mandates that joint controllers must determine their respective roles and responsibilities and outline them in a written agreement. This agreement must also include specific information on the data being processed, the purpose of processing, the categories of data subjects, and the rights of those data subjects.
When drafting a data processing agreement for joint controllers, it is crucial to clearly define each party`s responsibilities. This may include determining who will be responsible for responding to data subject requests, ensuring data security, and managing breaches. Additionally, the agreement should specify the scope of the joint controller arrangement, including which data is being jointly controlled, how it will be used, and how long it will be stored.
To ensure compliance with the GDPR, joint controllers must also include a plan for regularly reviewing and updating their data processing agreement. This may include periodic audits of data handling processes, ensuring that all data processing activities align with the goals and principles outlined in the agreement, and updating the agreement as needed to reflect changes in data handling practices or changes in regulations.
In summary, a data processing agreement for joint controllers is an essential document for any collaborative initiative involving personal data. By outlining roles and responsibilities, defining the scope of the agreement, and periodically reviewing and revising the document, joint controllers can mitigate risks and ensure compliance with regulatory requirements. Remember to engage legal counsel to ensure that the agreement meets the GDPR requirements and accurately reflects the agreements of all parties involved.