Which element must a data processing agreement include under GDPR?

In the context of the General Data Protection Regulation (GDPR), a data processing agreement (DPA) is a legally binding document that outlines the relationships between data controllers and data processors. The inclusion of the processor's obligations and responsibilities regarding personal data processing is crucial because it ensures that the processor understands their role in protecting personal data and complying with GDPR requirements.

This element is specifically mandated by Articles 28 and 29 of the GDPR, where it outlines the specific obligations that processors must adhere to, including implementing appropriate technical and organizational measures to ensure the security of personal data and only processing data on behalf of the controller. By clearly defining these responsibilities, the DPA holds the processor accountable for how personal data is handled, thereby contributing to the overall protection of individuals' privacy rights.

Including this information in the DPA is fundamental to establishing a structured approach to data management and aligning with the principles of transparency and accountability that underpin the GDPR.