Legal Talk 18: What Clauses Do I Need in My Data Contracts?
You pop over to my offices in the City. It is the first time that we have met here but things are now moving fast and getting very serious.
The key question for today is if you pass your data to subcontractors for processing, then you need tough contracts with these subcontractors regarding how they handle and use your data.
These subcontractors might be marketing agencies, web developers, partners, affiliates or anyone that you pass your data to and who uses it on your behalf.
"So, what key clauses do I need in the contracts with these subcontractors?" You ask.
Well, you obviously need a written contract, but on the data side the key clauses that you should have in order to ensure compliance with data protection laws should cover the following areas:
"So, these are the key data clauses that I should have in my contract with people that are processing my data for me?" You ask.
Yes, that's it. Of course, you can expand on each clause and there are lots of templates out there on the internet that provide more legal wording, but the principles above should be captured in any contract that you have with someone that is processing your data.
“Can you provide me with this kind of template?” You ask.
Yes, I can. Although, as I say there are plenty of these templates on the internet. Again, if you send me any template that you can find, then I can update and customise it so it suits your needs.
It has taken about 30 minutes to get to this stage and you say this is enough information for now at least. If you want to get some weekend reading on this done however, I would start here: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/accountability-and-governance/contracts/.
It is almost lunch time and you say you have a business meeting with some Angels who are interested in investing.
This is really exciting, please update me after the meeting. I hope it all goes well.
Your Legal Coach
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