Data Processing Agreement

1. Purpose

This Agreement governs the processing of personal data by the Processor on behalf of the Controller in connection with the services provided, such as digital marketing, SEO, website development, and related services.

2. Definitions

  • “Personal Data” means any information relating to an identified or identifiable natural person.

  • “Processing” means any operation performed on personal data, such as collection, storage, use, disclosure, or deletion.

  • “Controller” means the party determining the purposes and means of data processing.

  • “Processor” means the party processing personal data on behalf of the Controller.

3. Responsibilities of the Processor

The Processor agrees to:

  1. Process personal data only in accordance with the Controller’s documented instructions.

  2. Implement appropriate technical and organizational measures to ensure data security.

  3. Ensure confidentiality of persons authorized to process personal data.

  4. Not engage sub-processors without prior written consent from the Controller.

  5. Assist the Controller in fulfilling obligations related to data subject rights (e.g., access, deletion, rectification requests).

  6. Notify the Controller of any data breach without undue delay.

  7. Delete or return all personal data at the end of service provision, unless required by law to retain it.

4. Responsibilities of the Controller

The Controller agrees to:

  1. Ensure that data subjects are informed of processing activities.

  2. Provide lawful instructions to the Processor.

  3. Ensure that collected data complies with applicable data protection laws.

5. Data Security

The Processor shall maintain industry-standard security measures, including but not limited to:

  • Encryption of personal data during transmission and storage (where applicable).

  • Regular security testing and monitoring.

  • Restricted access to personal data.

6. Sub-Processing

The Processor may engage third-party service providers (e.g., hosting companies, analytics tools) only with prior written approval from the Controller. Such sub-processors must be bound by data protection obligations no less protective than this Agreement.

7. International Data Transfers

If personal data is transferred outside the European Economic Area (EEA), the Processor will ensure compliance with applicable data transfer regulations, such as Standard Contractual Clauses (SCCs).

8. Data Breach Notification

In the event of a personal data breach, the Processor shall notify the Controller within [72 hours] of becoming aware, providing details of:

  • The nature of the breach.

  • Categories and number of affected data subjects.

  • Likely consequences and remedial actions taken.

9. Term and Termination

This Agreement shall remain in effect as long as the Processor processes personal data on behalf of the Controller. Upon termination, all personal data will be deleted or returned, unless legally required to retain it.