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Data Protection Clauses in Commercial Contracts - The Key Issues Explored

Data Protection Clauses in Commercial Contracts - The Key Issues Explored

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Level
Introduction: Requires no prior subject knowledge
CPD
1.25 hours
Viewership
Access for entire organisation

Introduction

Any commercial contract that involves a transfer of personal data between the parties needs to contain a series of clear data protection clauses.

In some cases, the basic content will be mandated by the UK GDPR but there still remains a considerable amount of flexibility for parties to negotiate the most favourable terms from their own perspectives.

This webinar reviews the key issues and allows you to review a series of clauses and consider what amendments would be appropriate from the competing perspectives of the parties.

What You Will Learn

This webinar will cover the following:

  • Key Definitions
    • ‘Controller’, ‘joint controller’ and ‘processor’
  • Types of Contract
    • Controller to controller
    • Joint controllers
    • Controller to processor
  • Common Provisions
    • Definitions
    • Status of the parties
    • Compliance with applicable legislation
  • Controller to Processor Agreements
    • Mandatory content
    • Sub-processing
    • Audit rights
    • Security requirements
    • Breach reporting requirements
    • Dealing with data subjects’ requests
  • Joint Controllers
    • Mandatory content
  • Indemnities
    • Suggested content and amendments

This webinar was recorded on 22nd February 2024

Preview