As soon as you have personal data processed for you by an external service, you need a DPA. This is already the case if your company uses a cloud service provider or hosts the website externally.

Conversely, you also need a DPA if you process personal data for someone else.

A Data Processing Agreement (DPA) must contain specific elements in order to meet the requirements of GDPR .

This includes

• the precise description of the nature and purpose of the data processing
• the type of personal data
• the groups of people concerned
• the rights and obligations of both parties - client and processor
• Regulations on the security of data processing, such as technical and organizational measures
• Provisions on subcontracting relationships
• Provisions on the obligation to report data breaches
• Provisions for deletion or return of data after the end of processing
• Provisions on the rights to verify compliance with data protection regulations.

A DPA thus serves as a legal basis that ensures that data processing is carried out in accordance with GDPR and that the privacy of the data subjects is protected.

Drawing up data processing agreements (DPAs ) for a company is no easy task for a legal layperson and requires basic knowledge of data protection law, knowledge of case law and legal structuring options.

In order to create such a contract yourself, it is first necessary to create a sound basis through thorough research and an understanding of the requirements as well as the available templates from data protection authorities. On this basis, a suitable template can be selected and adapted according to the specific needs of the data processing, whereby particular emphasis must be placed on the precise definition of processing details, security measures, rights and obligations. It is also important to regularly check that the data processing agreement is up to date and to make adjustments in line with the latest data protection regulations, as well as to carefully document the creation process in order to be prepared for any inspections by supervisory authorities.

However,templates often contain provisions that are unfavorable or inadmissible for your specific case. The independent creation of DPAs carries the risk of suffering legal disadvantages due to a lack of sufficient knowledge.

When Dieter creates order processing contracts, all necessary information is collected by asking simple questions.

In concrete terms, this means that you click through questions step-by-step, which in most cases can be answered with yes or no (or a predefined selection). 

With these clever questions and well thought-out answer options, Dieter ensures that all mandatory information is included in the DPA .

No specialist or prior knowledge is required to answer the questions.

The result is a complete contract that contains all the necessary information and can be sent directly to the contractual partner.

The AVVs can be adapted again and again and thus react flexibly to actual or technical changes. Dieter always keeps an eye on legal changes and always provides you with the latest legally compliant version.

We generally recommend having AVVs drawn up by an expert. Formal requirements for the author do not exist, however.

The preparation requires a high degree of accuracy and requires numerous different factors to be considered. In addition, current developments in legislation and case law must be taken into account in order to create a legally compliant and individually favorable DPA .

The absence of a DPA or the existence of inadequate provisions in a DPA can have serious consequences. This is a violation of applicable data protection regulations (in Germany, in addition to GDPR , the BDSG is also particularly relevant), which can be punished with a fine of up to 20 million euros or 4% of the annual turnover achieved worldwide - depending on which amount is higher.

In addition, the lack of a DPA can affect the trust of your customers and partners and give the impression that your company does not take data protection requirements seriously.

All companies must meet the requirements of GDPR . This applies regardless of the number of employees and therefore even for sole traders and solo self-employed persons. With Dieter, you no longer have to worry. We take care of everything you need to fulfill your legal obligation.

Warning letters due to GDPR infringements have steadily increased in recent years. This is exemplified by the numerous warnings issued in the summer of 2022 due to the unlawful use of GDPR fonts by Google. Irrespective of the fact that some of these warnings were not lawful, they were based on a decision by the Munich Regional Court in January 2022. In addition, the European Court of Justice (ECJ) ruled at the end of 2022 that consumer associations are generally entitled to issue warnings due to an GDPR infringement. These (and other) court rulings point to further waves of warnings. These could affect all companies that do not comply with their legal obligations.

A GDPR-compliant website is the first step in effectively protecting yourself from warning letters. In 2022, there were already countless warnings due to the unlawful use of Google fonts. Dieter not only takes care of your data protection issues, but also creates your Legal notice.

In Germany, around 85% of all German companies were victims of a cyberattack in 2022. Each affected company incurred average costs of around €20,000 per incident. In addition, around 20% of customers terminate their contracts with affected companies or delete their accounts. The risk of being affected is significantly reduced simply by implementing mandatory technical and organizational measures (TOMs).

Almost all German companies use services from companies (Google, Microsoft, Meta, Amazon, etc.) with which an international data protection contract (SCC/JC) must be concluded. In addition, digital service providers necessarily "receive" personal data from their clients for the service offered. In these cases, it is essential to check whether and with whom so-called data processing agreements (DPAs) need to be concluded. Dieter carries out this check and always provides the correct contract.

79% of Internet users are afraid of "data misuse". And quite rightly so! Because since 2022, personal data has been legally equivalent to a currency. Awareness of this is growing all the time. This data should be just as secure as a bank account. And this is guaranteed by the implementation of GDPR.

Over 2/3 of participants in a study on "Consumer data and data protection" (commissioned by McKinsey & Company) stated that they would no longer want to be a customer of a company that does not protect their data or passes it on without a legal basis, or would no longer work with such a company. It also shows that responsible handling of personal data and compliance with all legal obligations is a clear competitive advantage.

It refers to the fact that everyone has the right to determine for themselves what personal (and therefore very private) data about them is collected, stored and used. It also offers the possibility of preventing abuse, fraud and discrimination. Data protection is therefore an essential part of the (fundamental) right to informational self-determination under the German Basic Law. This right protects the privacy, identity and freedom of every person and is therefore essential for a democratic society. Respecting it should be a matter of course for every company.