Do we need a Data Processing Agreement?
Vonne Laan and Eliëtte Vaal wrote an article on how to determine the privacy position of parties and what type of data protection agreement is required (Dutch only).
This article was originally published in Tijdschrift voor Internetrecht 2021, No. 3 (link).
This article explains in which scenarios it is, and in which scenarios it is not required to conclude a Data Processing Agreement (DPA). It is discussed why concluding a DPA in the wrong scenario actually leads to privacy non-compliance. The article also contains a practical flow-chart to determine the privacy position of two contracting parties, and thus the type of data protection agreement that is required.
Please click this link to access the full article in pdf format (in Dutch).
