DPA as a Cybersecurity Measure

Data protection has become better these days. It has no other choice as the commercial use of personal data has grown in wild-west fashion. The electronic trail we all leave when using anything literally online can tell us the whole story about our likes, dislikes, and desired Christmas presents. That's why users want more control over personal data. Companies that want to earn trust will take on every cybersecurity measure for data protection. How to do that starting from the development stage?

Let's say there is a software development outsourcing company that usually creates apps for another company. They sit down together or make a video call and talk business. After they establish general concepts and requirements for the projects, regulations, and laws about cybersecurity are discussed. On a better day. If a company cares about the data protection and privacy of the app's future users, they'll include basic framework security documents in software development.

What is DPA?

DPA, or data processing agreement, is a mandatory agreement for software development outsourcing companies that have access to the personal data of EU citizens. It is also called GDPR (General Data Protection Regulation), and it only became enforceable in May 2018. DPA and GDPR might be applied to organizations in the US and other countries. However, some US states have their own data privacy laws.

In simpler words, DPA is the document that regulates processes directly related to personal data safety. And who takes the blame if the data privacy is violated: the software development outsourcing company (data processor) or the client (the data controller)? In fact, GPPR is not required if the software product is not aimed at the European Union market. Just in case you scale, you better have all the needed documents in software development. The public reacts harshly to violations of data protection.

Except for users' reactions, the material risk is at stake as the fine framework can be up to 20 million euros. No worries, though, the document is pretty standard, and we'll briefly go over its main points.

Data Processing Agreement Checklist

In terms of format, DPA is not different from other documents in software development . There is no universal guide on how to write a Data Processing Agreement. It depends on terms of cooperation, the needs of both sides, business size, and the software product nature. Still, there are some necessary elements that make up the Data Processing Agreement Checklist.

General Info

Primary terms are stated first in documents in software development. Here we define a data controller and a data processor.

1. Determine the sides of the agreement:

• Who is the Data Controller, i.e., the stakeholder or a client, who orders data processing services?
• Who is the Data Processor? It might be a software development outsourcing company responsible for data processing or any other company you use to help you store, analyze, or communicate the personal information of data subjects.

2. Explain the main data-related aspects:

• Purpose of data processing, what is planned to achieve, and why these goals require data sharing. It might be to sell the product or promote the service.
• Amount and types of data being shared. This helps to clarify the access to information and its volume. Usually, it's contact data, marketing preferences, and usage information.
• Required software or any tools for the management or processing systems, such as tech stack (programming language, frameworks, clouds, APIs, etc.).
• Duration and storage conditions, where the processor agrees with the controller on the period of sharing and processing time, terms of storing like security measures or elimination protocols. Often, duration is not stated in fixed time but rather when the agreement will end.

Responsibilities of Both Sides

If the general info is more templated and similar, responsibilities will be different in each case. Every side here (data controller and data processor) will have to clearly state their rights and responsibilities. It also has data subjects' rights (people whose data we will use). The main point here is to define the rights and responsibilities of both sides:

• RaR for Controller
• Rar for Processor

The official website has a template that you can adopt and edit.

Working Process Explanations

In this section of the GPA, we include technical and non-technical aspects of data processing activities. In the non-technical part, you have to explain how the overall process is going to happen and what steps are to make operations with data. It includes an exact description of how the data will be treated. Also, it is recommended to describe a step-by-step manual about the working process.

The technical chapter describes the same working process but from the software perspective. Here we write what software, hardware, or other tools will be used during working with the shared data. If there are any third parties, who have access to the confidential information, we mention it too. The technical side of data protection makes the process more organized and illustrates the process better.

Extra Legal Terms

The Data processor and data controller can write additional terms and conditions for the agreement. For example, whether DPA can be changed or not in the process of development. If yes, the specific conditions should be stated when it is possible to make changes. Furthermore, it is recommended to explain the legal status of the agreement and its supremacy or subordination to other agreements and documents.

In this part, you might include the ability to add various supplements to complement the DPA itself. If the terms need to be changed during the software product development, you can add as many supplements as you wish.

Supplements

In the Supplements section, you can add your agreement modifications, extra conditions, etc. Moreover, you can describe extra activities and possibilities like the process of audit, or testing, prioritize the most important terms and explain the conditions when the software product is considered finished or anything else.

Sum Up

When working with a software development outsourcing company or through any third parties treat DPA as industry-standard cybersecurity practice. However, make sure you have additional security requirements and a wide range of frameworks security. As the standard security point in GDPR says “implement appropriate technical and organizational measures to ensure a level of security appropriate to that risk”. Cyber risks and cyber threats are a part of what can happen if you work with anything digital. Should any business follow cybersecurity laws and create effective cybersecurity programs for data protection? Is investment in cybersecurity worth the paperwork?