Data processing clauses (pro-processor) (DPA 1998 version) | Practical Law

Data processing clauses (pro-processor) (DPA 1998 version) | Practical Law

Clauses for use in a service agreement which involves the processing of personal data by the service provider on behalf of the customer, drafted from the provider's perspective and on the assumption that English law applies.

Data processing clauses (pro-processor) (DPA 1998 version)

Practical Law UK Standard Clause 0-239-2968 (Approx. 12 pages)

Data processing clauses (pro-processor) (DPA 1998 version)

by Practical Law Data Protection
Law stated as at 22 Mar 2017 • United Kingdom
Clauses for use in a service agreement which involves the processing of personal data by the service provider on behalf of the customer, drafted from the provider's perspective and on the assumption that English law applies.
Note: With effect from 22 March 2017, this resource is no longer being maintained. From 25 May 2018, the EU General Data Protection Regulation ((EU) 2016/679) (GDPR) replaced the current regime established by the Data Protection Act 1998. It is supplemented by the Data Protection Act 2018. For legal developments between 22 March 2017 and 24 May 2018, please refer to the legal updates on the topic page for this resource: see General and Transactions.
The European Commission is reviewing a related piece of legislation, the E-Privacy Directive (2002/58/EC), implemented in the UK by the Privacy and Electronic Communications Regulations 2003/2426 (as amended) (PECR). Their replacement, the draft E-Privacy Regulation (COM (2017) 10 final) (draft ePR), will not be agreed in time to align with the GDPR (see Draft E-Privacy Regulation legislation tracker). The Information Commissioner's Office (ICO) has confirmed that PECR (with GDPR standard of consent) will continue to apply until the draft ePR is finalized. We are updating our direct marketing, cookie and other related resources to reflect this. For further information see E-Privacy Regulation tracker. For further information and ICO guidance, see Practice note, Overview of GDPR: UK perspective: Direct marketing and draft E-Privacy Regulation.
Please be aware that as we regularly update weblinks embedded in our resources so they link to the most recent versions of ICO guidance and codes of practice, those versions may be more current than the law stated date on this resource.