Do I Need a Data Processing Agreement With Cloud Providers?

Yes, if you use a cloud provider to handle personal data on your behalf, you are required to have a Data Processing Agreement (DPA) in place. This is a legal obligation under the GDPR whenever a data controller engages a third-party service provider, such as a cloud platform, to process personal data.

A DPA sets out the terms under which the cloud provider (the data processor) may access, store, or handle personal data. It ensures that the provider processes data only on your instructions and in a way that complies with data protection laws. Without a valid DPA, your use of cloud services for personal data processing may be considered non-compliant, exposing your organisation to regulatory risks.

The agreement must clearly define key details, such as the purpose and duration of the processing, the nature of the data involved, and the categories of individuals whose data is affected. It should also outline each party’s responsibilities, especially around data security and include clauses on breach notification, the use of sub-processors, and how data will be returned or deleted when the service ends.