What is a Data Processing Addendum and why is it required under GDPR?
A Data Processing Addendum (DPA) is a legally binding contract required under Article 28 of the GDPR whenever a data processor handles personal data on behalf of a data controller. CaseMark generates compliant DPAs that include all mandatory provisions such as processing instructions, security measures, sub-processor terms, and data subject rights assistance, ensuring your organization meets regulatory requirements.
How long does it take to create a GDPR-compliant DPA?
Manually drafting a comprehensive DPA typically takes 4-5 hours of legal work to ensure all Article 28 requirements are properly addressed. CaseMark reduces this to approximately 12 minutes by automating the drafting process while maintaining full GDPR compliance and customization to your specific processing activities.
What information do I need to provide to generate a DPA?
CaseMark guides you through essential details including the parties involved, subject matter and duration of processing, types of personal data, categories of data subjects, security measures, and sub-processor arrangements. The platform prompts you for all necessary information to create a complete, compliant DPA tailored to your specific data processing relationship.
Does the DPA include required security measures under Article 32?
Yes, CaseMark automatically incorporates Article 32 security requirements into your DPA, including provisions for appropriate technical and organizational measures, encryption, pseudonymization, and ongoing security testing. The platform ensures your DPA addresses all mandatory security obligations based on the nature and scope of your processing activities.
Can I customize the DPA for specific sub-processor arrangements?
Absolutely. CaseMark allows you to specify your sub-processor requirements, including general authorization, specific approval processes, and notification obligations. The platform generates customized sub-processor provisions that comply with Article 28(2) and (4) while reflecting your specific business arrangements and risk management preferences.
How does the DPA address data subject rights and breach notification?
CaseMark automatically includes comprehensive provisions for assisting with data subject rights requests (access, rectification, erasure, etc.) and mandatory data breach notification procedures. The generated DPA specifies processor obligations to notify the controller without undue delay and provide necessary information for breach reporting to supervisory authorities.
Is the generated DPA suitable for international data transfers?
The DPA generated by CaseMark establishes the foundational processor-controller relationship required under Article 28. For international data transfers, you may need additional mechanisms such as Standard Contractual Clauses (SCCs) or adequacy decisions. CaseMark can be used in conjunction with these transfer mechanisms to create a complete GDPR compliance framework.