OneTrust Certified Privacy Professional Practice Exam

What is required for GDPR compliance when utilizing third-party processors?

1. A verbal agreement

2. A data processing agreement with clear instructions and compliance commitments

3. A guarantee of security audits

4. No special requirements

The correct answer is: A data processing agreement with clear instructions and compliance commitments

For GDPR compliance when utilizing third-party processors, a data processing agreement with clear instructions and compliance commitments is essential. This requirement stems from the Accountability Principle of the GDPR, which holds organizations responsible for ensuring that personal data is handled appropriately, even when it is processed by third parties. A data processing agreement must outline the responsibilities and obligations of both the data controller and the processor. It should specify the processing details, including the subject matter, duration, nature, purpose, and the types of personal data being processed. Additionally, it must contain provisions that ensure the third-party processor will adhere to GDPR requirements, such as implementing adequate security measures, facilitating the rights of data subjects, and ensuring that subprocessors also comply with similar standards. This binding agreement is crucial for establishing a legal framework that governs the processing of personal data and for protecting the rights of individuals whose data is being processed. By establishing a clear and enforceable agreement, organizations can demonstrate due diligence and accountability, which are key aspects of GDPR compliance.