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Helping people solve their security challenges is what we do, so we’re always keen to hear from you, no matter what you have to say.
Keiran Mather
Bulletproof red team demonstrate a novel approach to evade static analysis in Linux malware.
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No-one would lend or borrow money without expecting some form of agreement to be in place covering the term, the interest, the repayments and so on. Even lending the garden hose to a neighbour comes with an expectation of it being returned at some stage and being returned in the state that it was lent. So, when organisations “lend” or “borrow” – share – personal data there are expectations: that some form of agreement will be in place and that the personal data will be treated appropriately.
This is the function of a Data Processing Agreement (a DPA).
DPAs are not optional – any company or organisation that shares personal data with third parties must have a DPA in place with all the third parties. In the real world, that means every company and organisation in the country. Common data sharing scenarios include:
The UK GDPR requires that all of the above scenarios (and all other data sharing operations) are covered by a DPA, and that DPA must as a minimum, include:
Many online services and applications provide a DPA as part of their terms and conditions, and where this is not the case a DPA will be required.
Bulletproof has helpful free resources for organisations looking to find out more about the UK GDPR. Why not download our educational white paper, watch our insightful webinar featuring our Head of Compliance, or view our interesting infographics.
A DPA between two parties sharing data is mandatory under the UK and EU GDPRs, and fines can (and have) been levied where DPAs are not in place. However, a DPA is a crucial tool in setting the expectations of and the rules for each party which:
The golden rule is: if personal data is being passed between two organisations, then a DPA is required. However, there is one exception. Two or more companies that are defined by the GDPR as being Joint Controllers of a particular set of persona data (that is, they jointly decide the purpose and means of its processing) do not need a contract between them. However, they must have a transparent arrangement covering the agreed roles and responsibilities for complying with the UK GDPR and the main elements of the arrangement should be made available to individuals, for example in a privacy notice.
Following a complaint to the data protection authority, one of the German Supervisory Authorities learned that a small shipping company (acting as a data controller) did not have a Data Processing Agreement with its Spanish service provider. This was in breach of Article 28 of the EU GDPR. The shipping company was issued a €5,000 fine. Although small compared to other fines levied under the GDPR, this could set the standard and companies with numerous and complex data sharing arrangements may find that fines levied for not implementing DPAs can soon rack up.
Lessons Learned
Ensuring that data maps and Records of Processing Activities (RoPA) are up-to-date is essential in keeping track of what data is shared, with whom and where Data Processing Agreements are required.
As a seasoned data protection consutant, Neil writes about all things GDPR and privacy.
Bulletproof’s experienced data protection officers give your business on-going support and maintenance of your data protection obligations. Find out more about our flexible, cost-effective packages.
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