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Data Privacy And Cybersecurity

Data Processing Addendum (DPA) - GDPR

Drafting GDPR-compliant Data Processing Addendums manually is time-intensive and error-prone, requiring careful attention to Article 28 requirements, security obligations, and processor responsibilities. Legal teams spend hours researching current regulations, customizing templates, and ensuring every mandatory provision is properly addressed, all while managing the risk of non-compliance that could result in significant penalties.

Automation ROI

Time savings at a glance

Manual workflow4.5 hoursAverage time your team spends by hand
With CaseMark12 minutesDelivery time with CaseMark automation
EfficiencySave 22.5x time with CaseMark

The Problem

Drafting GDPR-compliant Data Processing Addendums manually is time-intensive and error-prone, requiring careful attention to Article 28 requirements, security obligations, and processor responsibilities. Legal teams spend hours researching current regulations, customizing templates, and ensuring every mandatory provision is properly addressed, all while managing the risk of non-compliance that could result in significant penalties.

The CaseMark Solution

CaseMark automates the entire DPA creation process, generating fully customized, GDPR-compliant Data Processing Addendums in minutes. Our AI ensures all Article 28 requirements are met, including processor obligations, security measures, sub-processor provisions, and data subject rights assistance, while adapting to your specific processing activities and business requirements.

Key benefits

How CaseMark automations transform your workflow

Generate complete Article 28-compliant DPAs in under 15 minutes versus 4+ hours manually

Ensure all mandatory GDPR provisions including security measures, breach notification, and audit rights

Customize processor obligations, sub-processor terms, and data handling procedures automatically

Reduce compliance risk with AI-verified regulatory requirements and current GDPR standards

Seamlessly integrate with existing service agreements and privacy documentation

What you'll receive

Introduction and Parties
Purpose and Scope
Subject-Matter and Duration of Processing
Nature and Purpose of Processing
Personal Data Types and Data Subject Categories
Processing on Instructions (Article 28)
Security of Processing (Article 32)
Sub-processor Provisions
Data Subject Rights Assistance
Data Breach Notification Obligations
Data Return or Deletion Procedures
Audit and Inspection Rights

Document requirements

Required

  • Main Service Agreement

Optional

  • Existing Privacy Policy
  • Security Documentation
  • Sub-processor List

Perfect for

Privacy Counsel
Corporate Attorney
Compliance Officer
In-House Legal Team
Technology Lawyer
Paralegal - Regulatory Compliance

Also useful for

This workflow is applicable across multiple practice areas and use cases

M&A transactions require DPAs when acquiring companies that process personal data or when establishing data processing relationships post-acquisition.

Data privacy compliance is a critical component of M&A due diligence and post-closing integration, particularly when target companies handle EU personal data or serve as processors.

Healthcare Law82% relevant

Healthcare organizations need DPAs with technology vendors, billing processors, and other service providers handling patient data subject to both GDPR and healthcare regulations.

Healthcare entities operating in or serving EU markets must ensure GDPR-compliant DPAs alongside HIPAA compliance when engaging data processors for patient information.

Financial Services80% relevant

Financial institutions require DPAs with fintech vendors, cloud service providers, and third-party processors handling customer financial data under GDPR.

Financial services firms face stringent data protection requirements and regularly engage processors for payment processing, customer analytics, and digital banking services requiring GDPR-compliant DPAs.

Companies need DPAs when engaging third-party service providers for HR systems, payroll processing, or other corporate functions involving employee data.

Corporate governance includes ensuring proper data processing agreements are in place with all vendors and service providers handling company or employee personal data under GDPR.

Software and SaaS licensing agreements require DPAs when the licensed technology processes personal data on behalf of customers.

IP licensing deals involving software platforms or cloud services that handle EU personal data must include Article 28-compliant DPAs to address processor obligations.

Frequently asked questions

Q

What is a Data Processing Addendum and why is it required under GDPR?

A

A Data Processing Addendum (DPA) is a legally binding contract required under Article 28 of the GDPR whenever a data processor handles personal data on behalf of a data controller. CaseMark generates compliant DPAs that include all mandatory provisions such as processing instructions, security measures, sub-processor terms, and data subject rights assistance, ensuring your organization meets regulatory requirements.

Q

How long does it take to create a GDPR-compliant DPA?

A

Manually drafting a comprehensive DPA typically takes 4-5 hours of legal work to ensure all Article 28 requirements are properly addressed. CaseMark reduces this to approximately 12 minutes by automating the drafting process while maintaining full GDPR compliance and customization to your specific processing activities.

Q

What information do I need to provide to generate a DPA?

A

CaseMark guides you through essential details including the parties involved, subject matter and duration of processing, types of personal data, categories of data subjects, security measures, and sub-processor arrangements. The platform prompts you for all necessary information to create a complete, compliant DPA tailored to your specific data processing relationship.

Q

Does the DPA include required security measures under Article 32?

A

Yes, CaseMark automatically incorporates Article 32 security requirements into your DPA, including provisions for appropriate technical and organizational measures, encryption, pseudonymization, and ongoing security testing. The platform ensures your DPA addresses all mandatory security obligations based on the nature and scope of your processing activities.

Q

Can I customize the DPA for specific sub-processor arrangements?

A

Absolutely. CaseMark allows you to specify your sub-processor requirements, including general authorization, specific approval processes, and notification obligations. The platform generates customized sub-processor provisions that comply with Article 28(2) and (4) while reflecting your specific business arrangements and risk management preferences.

Q

How does the DPA address data subject rights and breach notification?

A

CaseMark automatically includes comprehensive provisions for assisting with data subject rights requests (access, rectification, erasure, etc.) and mandatory data breach notification procedures. The generated DPA specifies processor obligations to notify the controller without undue delay and provide necessary information for breach reporting to supervisory authorities.

Q

Is the generated DPA suitable for international data transfers?

A

The DPA generated by CaseMark establishes the foundational processor-controller relationship required under Article 28. For international data transfers, you may need additional mechanisms such as Standard Contractual Clauses (SCCs) or adequacy decisions. CaseMark can be used in conjunction with these transfer mechanisms to create a complete GDPR compliance framework.