Data processing agreements cannot applied under GDPR retrospectively

12/10/2023 | Pinsent Masons

A recent ruling by Belgium's data protection authority (DPA) has emphasised the need for having data processing agreements in place to regulate data processing arrangements from their inception. The DPA stated that inserting a data processing agreement into a contract and providing for it to apply retrospectively doesn't remedy its absence under the EU General Data Protection Regulation (GDPR). The case involved a man who complained about the lack of a data processing agreement being put in place between a municipality in Belgium and a third-party computer engineering company the municipality had engaged. The case provides a valuable lesson to all organisations subject to either the EU or UK GDPR.

Read Full Story
Contract, agreement

What is this page?

You are reading a summary article on the Privacy Newsfeed, a free resource for DPOs and other professionals with privacy or data protection responsibilities helping them stay informed of industry news all in one place. The information here is a brief snippet relating to a single piece of original content or several articles about a common topic or thread. The main contributor is listed in the top left-hand corner, just beneath the article title.

The Privacy Newsfeed monitors over 300 global publications, of which more than 4,350 summary articles have been posted to the online archive dating back to the beginning of 2020. A weekly roundup is available by email every Friday.

Freevacy has been shortlisted in the Best Educator category.
The PICCASO Privacy Awards recognise the people making an outstanding contribution to this dynamic and fast-growing sector.