What is a Data Processing Agreement?
A data processing agreement (DPA) is a legally binding document to be entered into between the controller and the processor in writing or in electronic form. It regulates the particularities of data processing – such as its scope and purpose – as well as the relationship between the controller and the processor. The data controller is the person who determines the purpose and means of the data processing. The data processor is the person who processes data on behalf of a controller, in accordance with the controller’s instructions.
Hang on, that’s a whole lot of jargon! Let me try and simplify things a little…
Does Your Private Practice Need a Data Processing Agreement?
Probably. In your private therapy practice, you are the controller of your data. Anyone who engages with your business and sees personal identifying information of a client for any reason is classed as the processor. Here at Pocket site we have created a template ready for you to customise for your business Purchase Here
Here are some examples where a DPA is required:
- Admin assistants
- Virtual assistants
- Supervisor (if you are sharing personal identification information)
It’s All About Being GDPR Compliant
You need a data processing agreement to ensure you’re complying with General Data Protection Regulation or GDPR. GDPR requires data controllers to take measures to ensure the protection of any personal data they handle. If data controllers decide to outsource certain data processing activities, they must be able to demonstrate that their suppliers and sub-processors also provide sufficient guarantees to protect the data and act in a GDPR compliant manner. You can learn more about GDPR requirements for therapists here.
One of the most important elements of a DPA is whether your processors provide sufficient guarantees for the protection of the data transferred to them. Under GDPR, if there is a data breach, even if it’s on the side of the processor, you, as a controller, might be held responsible. Therefore, it’s important to choose processors who do everything they can to minimise the risk of a data breach. They should also take sufficient measures to decrease the effect of a breach and to inform you in due course.
Don’t worry! Pocket Site has created a done-for-you data processing agreement. Simply purchase the template, amend it to suit your needs, and follow the guidance notes on how to use it. You’ll soon be GDPR compliant and ready to go!