What is a data processing agreement?
A data processing agreement (DPA) is a contract between a controller, who decides how personal data is used, and a processor, who handles it on the controller’s behalf. It sets out what the processor may do with the data, how it protects it, and what happens when the work ends.
Is a DPA required by law?
Often yes. GDPR and UK GDPR require a written contract with every processor. Many US state privacy laws, India’s DPDP Act and several other regimes also expect one. Even where the law is less specific, customers and investors usually ask for it.
What is the difference between a DPA and a privacy policy?
A privacy policy is a public notice that tells users how you use their data. A DPA is a private contract with a vendor or customer who handles data for you or for whom you handle data. Most businesses need both. See
what is a privacy policy.
Can I use a template?
A template is a fair starting point, and ours is
here. But a template does not know your data flows, your sub-processors or the laws that apply. Many businesses start with the template and then have us tailor or review it.
Do I need standard contractual clauses as well?
If personal data moves from the EU or UK to a country without an adequacy decision, you usually need a transfer tool such as standard contractual clauses alongside the DPA. Read
our SCC guide.
Can one DPA work in several countries?
Often, yes. A well-built DPA has a core set of terms plus country-specific annexes for the laws that apply. We draft it that way so you can reuse it with customers and vendors in different places.
Who signs a DPA, the controller or the processor?
Both. The controller and the processor sign, and each keeps a copy. If your vendor has its own sub-processors, the vendor signs separate terms with them.
How much does DPA drafting cost?
We quote a fixed fee after understanding the scope. A single vendor DPA costs less than a customer-facing DPA with transfer terms and sub-processor schedules. You see the fee in writing before we start.