DPA Generator
Generate a Data Processing Agreement (DPA) between a Controller and a Processor.
# Data Processing Agreement (DPA) **Effective Date:** 2026-01-19 **Between:** - **Data Controller:** [Controller Name] - **Data Processor:** [Processor Name] ## 1. Definitions **Personal Data:** Any information relating to an identified or identifiable natural person. **Processing:** Any operation performed on Personal Data. **Data Subject:** The individual to whom Personal Data relates. ## 2. Scope and Purpose The Processor agrees to process Personal Data only on documented instructions from the Controller for the purpose of providing services under the main agreement. ## 3. Processor's Obligations The Processor shall: - Process Personal Data only on documented instructions - Ensure confidentiality of persons authorized to process - Implement appropriate technical and organizational measures - Assist the Controller in responding to Data Subject requests - Assist in ensuring compliance with security obligations - Delete or return Personal Data after end of services - Make available information for demonstrating compliance ## 4. Security Measures The Processor implements: - Encryption of Personal Data - Ability to ensure confidentiality, integrity, availability - Ability to restore availability in case of incident - Regular testing and evaluation of effectiveness ## 5. Sub-Processing The Processor may engage sub-processors with prior written consent from the Controller. The Processor remains fully liable for sub-processor obligations. ## 6. Data Subject Rights The Processor shall assist the Controller in fulfilling obligations to respond to requests: - Right of access - Right to rectification - Right to erasure - Right to restriction of processing - Right to data portability - Right to object ## 7. Data Breach Notification The Processor shall notify the Controller without undue delay after becoming aware of a Personal Data breach. ## 8. Audits and Inspections The Processor shall make available all information necessary to demonstrate compliance and allow for audits. ## 9. International Data Transfers Any transfer of Personal Data to third countries shall comply with GDPR requirements, including Standard Contractual Clauses where applicable. ## 10. Liability and Indemnification The Processor shall be liable for damages caused by processing that does not comply with GDPR or acts outside lawful instructions. ## 11. Term and Termination This DPA remains in effect as long as the Processor processes Personal Data on behalf of the Controller. **Signed:** Controller: [Controller Name] Date: 2026-01-19 Processor: [Processor Name] Date: 2026-01-19