If you`re a business operating within the European Union (EU), you`re likely already aware of the new General Data Protection Regulation (GDPR) that came into effect in 2018. Under this regulation, businesses must adhere to a strict set of guidelines when it comes to collecting, processing, and storing data about EU citizens.
One way to ensure your business is GDPR compliant is by using an EU Model Contract. In this article, we`ll explain what an EU Model Contract is, why it`s important, and how you can implement it for your business.
What is an EU Model Contract?
An EU Model Contract is a legal agreement between two parties – typically a data controller (a business) and a data processor (a third-party service provider). This contract outlines the specific terms and conditions under which data will be shared, processed, and protected.
The European Commission developed a set of standard contractual clauses that cover the transfer of personal data outside of the EU. These clauses are commonly referred to as EU Model Contracts, and they provide a legal framework for data transfers between EU and non-EU countries.
Why is an EU Model Contract important?
The GDPR places strict restrictions on how EU citizens` personal data can be processed and transferred outside of the EU. Specifically, businesses must ensure that any data being transferred to a non-EU country is protected by appropriate safeguards.
One of these safeguards is using an EU Model Contract. By agreeing to these standard contractual clauses, both parties can ensure that they are meeting the GDPR`s requirements for data protection and security.
Implementing an EU Model Contract for your business
If you`re a data controller and you`re looking to hire a third-party service provider to process personal data on your behalf, you`ll need to implement an EU Model Contract. Here are the steps you`ll need to take:
1. Identify the data that will be transferred: Determine which types of personal data will be transferred to the third-party service provider and for what purpose.
2. Choose an EU Model Contract: Select the appropriate EU Model Contract for your needs. The European Commission offers a variety of different contracts depending on the type of data being transferred, the parties involved, and the countries involved.
3. Customize the contract: Once you`ve selected a contract, you`ll need to tailor it to your specific situation. This may involve adding or removing clauses, depending on your needs.
4. Sign the contract: Both parties – the data controller and the data processor – will need to sign the contract to agree to its terms and conditions.
5. Monitor compliance: Once the contract is in place, it`s important to monitor compliance with its terms and conditions to ensure ongoing GDPR compliance.
Conclusion
As a business operating within the EU, it`s essential that you take steps to ensure GDPR compliance. Implementing an EU Model Contract is one way to ensure that your data processing activities are in line with the regulation`s strict requirements for data protection and security. By following the steps outlined above, you can ensure that your business is following best practices when it comes to data transfers and protection.