Robust Data Processing Agreement

The Robust Data Processing Agreement is a mechanism that enables contracts to be concluded with all members in a data processing chain or network. Our legal counsels can help you implement these agreements. 

 

The laws and regulations requiring security incidents to be notified to the regulatory authorities has made the intervention of a Trusted Third Party a necessity. Classic standard form contracts do not offer cooperating parties sufficient protection. 

The Robust Data Processing Agreement specifies how customer and employee personal data should be handled in order to be fully compliant with Dutch data protection law. The Robust Data Processing Agreement includes a subscription to a Trusted Third Party (TTP). A TTP enables mutual agreements on privacy norms to be secured and acts to de-escalate potential conflicts, providing parties with insight from the outset in to what to expect from other parties in the chain with regard to security levels, regulatory compliance and security incident response. For member organisations, the use of a Robust Data Processing Agreement turns data protection into a predictable process and enables an equitable distribution of liability risk exposure. Should a contracting party deliberately reject the Robust Data Processing Agreement a shift in liability distribution is wholly justified and will stand up in court. 

Because the Robust Data Processing Agreement is based on all parties connecting to a TTP, individual contracts for each relation in the chain or network are no longer necessary. Through the intervention of a TTP, member organisations are able to secure agreements with regards to legal compliance, privacy norms and the resolution of data breaches.

The Robust Data Processing Agreement also makes contract management a lot easier. There is no longer the need to negotiate a contract with every new party, nor are there countless different agreements and different obligations to be kept track of. The use of the Robust Data Processing Agreement brings savings in time, effort and money. 

An increasing number of European and national laws and regulations now contain notification requirements for security incidents. Because knowledge and experience with the legal and operational effects and the implementation of compliance in this field is in short supply, Duthler Associates also provides classes, courses and workshops on these subjects. Duthler Associates consultants are also always available to answer questions or to bring solutions to the table and should legal support be needed, First Lawyers are there with expert help.