If your business relies on Hewlett-Packard (HP) for data processing, it’s important to understand the HP data processing agreement (DPA). This agreement outlines the legal responsibilities of both parties regarding the processing of personal data. Understanding the HP DPA is essential for protecting your customer’s personal data and avoiding legal issues.
What is HP Data Processing Agreement (DPA)?
The HP DPA is a legally binding agreement that outlines the terms and conditions of how HP processes personal data on behalf of its customers. It is a crucial document that sets out the security, confidentiality and transparency requirements for handling personal data.
The HP DPA aligns with the General Data Protection Regulation (GDPR), which is a European Union regulation that sets guidelines for the processing of personal data. The GDPR provides specific requirements for data controllers and data processors, and the HP DPA outlines these requirements for HP as a processor.
Why is the HP DPA important?
The HP DPA is vital because it ensures that HP is complying with GDPR regulations and taking appropriate measures to protect your customer’s personal data. As a data controller, it is your responsibility to ensure that you have a legally binding agreement in place with any data processor you work with.
HP is a significant data processor, and if you choose to work with them, it is essential to have a written agreement setting out the terms of the processing. The HP DPA ensures that both parties are aware of their legal responsibilities and that these are being met.
What does the HP DPA include?
The HP DPA includes various clauses outlining the responsibilities of HP in processing personal data. These clauses include:
1. Security measures: HP must implement appropriate technical and organisational measures to safeguard personal data against unauthorised or unlawful processing.
2. Confidentiality: HP must ensure that any staff processing data are bound by a duty of confidentiality.
3. Data breach notification: HP must notify you without undue delay after becoming aware of a personal data breach.
4. Data subject rights: HP must assist you in fulfilling your obligations to respond to data subject requests and any data protection impact assessments.
5. Sub-processing: HP must obtain your prior written consent before engaging any sub-processors.
6. Data retention and deletion: HP must delete or return all personal data to you at the end of the service.
7. International transfers: HP must ensure that personal data is adequately protected when transferred outside of the European Economic Area (EEA).
In conclusion, the HP DPA is a vital tool for protecting your customer’s personal data when using HP as a data processor. It outlines the legal responsibilities of both parties regarding the processing of personal data and ensures that these are being met. As a data controller, it’s crucial to have a legally binding agreement in place with any data processor you work with. The HP DPA aligns with GDPR regulations and provides specific requirements for data processors, ensuring that your customer’s personal data is secure.