DPA reviews made easy: how companies can navigate the data protection jungle

Data protection is a subject that makes many companies break into a sweat. Data processing agreements (Auftragsverarbeitungsverträge, DPAs) are particularly tricky. They are not only required by law, but also essential to ensure that collaboration with service providers complies with data protection law. But how do you draft a legally compliant data processing agreement? And how can you check whether an agreement presented to you meets the legal requirements? This is precisely where the difficulty lies: the subject matter is complex, the legal position is dynamic and the technical and organisational requirements vary from case to case.

Why data processing agreements are a challenge for companies

A data processing agreement governs the processing of personal data by a service provider on behalf of a company. Sounds simple at first, does it not? Unfortunately, it is not. In practice, drafting and reviewing a data processing agreement is anything but trivial.

Companies face several challenges:

1. Legal complexity:

   The DPA must implement numerous requirements of the General Data Protection Regulation (GDPR). One small error can result in legal consequences such as fines or liability issues.

2. Technical and organisational measures (TOMs):

   What specific data security measures must the service provider take? The TOMs must be tailored precisely to the service provider concerned and the nature of the processing, which requires extensive knowledge of IT security and data protection.

3. Lack of expertise:

   Many companies lack the internal resources or expertise to draft or review DPAs themselves. Moreover, there are often no clear standards to use as guidance.

4. Complexity arising from international collaboration:

   Particularly when service providers are based abroad, questions arise about the legal basis for data transfers and the applicable country-specific data protection rules.

It is hardly surprising, then, that companies are often at a loss. But do not worry – we are happy to support you.

Bespoke DPA templates from experts

Clarius successfully supports companies in data protection, compliance and IT law, among other areas. We know what matters in a legally compliant data processing agreement and provide individually adapted DPA templates tailored precisely to your needs.

This is how we support you:

Individual adaptation

We take account of your specific technical and organisational measures (TOMs) and integrate them accurately into the data processing agreement. We place particular importance on ensuring that the measures are practical and feasible.

Legal certainty

Our templates are based on current statutory requirements and include all necessary provisions, from the right to issue instructions to the return of data. In particular, we ensure that provisions concerning sub-processors and emergency plans are clearly defined.

Practical focus

We ensure that your data processing agreement is not only legally compliant, but also easy to understand – after all, nobody wants to struggle through pages of convoluted legal sentences. With clear wording and a well-organised structure, your data processing agreement becomes a tool you will be glad to use.

We also advise you on how to integrate the data processing agreement seamlessly into your existing data protection processes, so that you receive not merely a contract but a comprehensive solution.

The result? A data processing agreement that is not only legally sound, but also efficiently supports your compliance requirements and builds trust with your business partners.

External reviews of data processing agreements are fast, legally sound and cost-effective

Alongside drafting DPAs, many companies face another question: how do you review an agreement provided by a service provider? We can support you here too. Drawing on proven processes and the sensible use of legal technology, we help companies overcome their data protection challenges. We analyse your data processing agreement and examine it thoroughly.

You benefit from the following advantages:

Time savings

Our lawyers are highly familiar with the requirements for data processing agreements. They can therefore review them very quickly and with great precision.

Legal certainty

We review agreements against all current statutory requirements and highlight any weaknesses or missing provisions – supplemented directly with alternative proposals if requested.

Cost efficiency

An external review saves you not only time, but also money – without compromising on quality. Our proven processes enable our lawyers to work very efficiently and provide support tailored precisely to your needs.

Traceability

All review findings are documented clearly, enabling you to demonstrate at any time that your data protection obligations have been properly fulfilled.

Your data protection problems drive us

Our service goes beyond DPA reviews: we provide advice and comprehensive tools for data protection management, from documentation through to risk assessment. Tools with automatic reminders of upcoming contract reviews or templates for data protection impact assessments make day-to-day data protection easier than ever and optimise collaboration with internal and external data protection officers. You have all relevant information available centrally and can ensure that your company is prepared at all times for inspections by supervisory authorities.

Data protection need not remain a closed book. With our support, you can quickly overcome the challenges surrounding data processing agreements – whether through bespoke contract templates or external review by our specialists. Talk to us and find out how we can help you manage data protection efficiently and with legal certainty. Together, we can shed light on the data protection jungle.

Please contact us for further information.

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