What is a required element for a GDPR compliant data processing agreement?

A data processing agreement (DPA) under the General Data Protection Regulation (GDPR) must clearly outline how personal data will be handled, ensuring compliance with the regulation. One of the essential elements of a compliant DPA is ensuring appropriate safeguards for the transfer of personal data, particularly when it is transferred outside the European Economic Area (EEA). This involves establishing mechanisms that provide adequate protection for the data being transferred, such as Standard Contractual Clauses or other compliance frameworks that the GDPR recognizes.

The emphasis on safeguarding personal data transfer is critical because it helps mitigate risks associated with unauthorized access, data breaches, and non-compliance with GDPR standards. Thus, this element is foundational in ensuring that data subjects' rights remain protected, even when their data is processed or stored in other jurisdictions.

Other elements that could feature in a DPA, such as price agreements or data retention schedules, do not inherently ensure compliance with GDPR in the same way safeguarding personal data transfer does. Similarly, while approval from employees and retention schedules might be relevant considerations, they do not constitute the core requirements outlined by the GDPR for a DPA.