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It explains why such an agreement is needed and how it supports accountability under Article 5 and contractual requirements under Article 28. 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More information to help you determine if you are acting as a data controller, a joint data controller or a data processor can be found here.  \nWhy do I need a data processing agreement?  \n• Demonstrates accountability in accordance with Article 5 of UK GDPR.  \n• Required in accordance with Article 28 of UK GDPR.  \nWhy is it important?  \n• Underpins the controller-processor relationship.  \n• Defines the processing.  \n• Outlines each party’s responsibilities.  \n• Protects the personal data being processed and the rights of data subjects concerned.  \nWhen should I use this template?  \n• Designed to be used by marketing organisations (the controller) that contract third parties to undertake processing of personal data on their behalf (the processor).  \n• When the processing includes direct marketing or direct marketing purposes.  \nHow to use this template?  \n• This is offered to members as a guidance tool. Should you have any questions, you can reach out to the DMA Legal and Compliance team: [legaladvice@dma.org.uk](legaladvice@dma.org.uk).  \n• This template is drafted on the basis that this Data Processing Agreement is supplemental to a separate outsourcing agreement which deals with the other main commercial terms of the outsourcing arrangement between the Controller and the Processor.  \n• Sections that are highlighted in grey or written in grey text requires the editor to make amendments according to what has been agreed between the Controller and the Processor.  \nDisclaimer  \n• This template is not to be taken as legal advice from the DMA.  \n• You have a responsibility to ensure that you undertake your own due diligence on the third parties you plan to work with  \n• You have a responsibility to ensure that the DPA you use, adequately covers the processing and liabilities  \n• As such, you should seek your own legal counsel when entering a contract with a third-party processor  \nWhere can I find further information?  \n• ICO-Controllers and processors | ICO  \n• EDPB – Guidelines on the concepts of controller and processor in the GDPR  \nPlease continue on to the next page to view the Data Processing Agreement template.  \nThis Data Processing Agreement is made between:  \n[COMPANY ADDRESS]  \n[COMPANY NAME]  \n(“the Controller”)  \nAnd  \n[SUPPLIER ADDRESS]  \n[SUPPLIER NAME]  \n(“the Processor”)  \nHereinafter collectively referred to as “the Parties”  \nThis Agreement is effective from the following date:  \n[DAY/MONTH/YEAR]  \n1. Background  \nWhereas:  \n(A) This Agreement is supplemental to any other separate agreement entered into between the parties and introduces further contractual provisions to ensure the Controller and the Processor comply with their respective obligations under the UK GDPR in respect of the Data Processing.  \n(B) Recital 81 and Article 28 of the UK GDPR place certain obligations upon a Controller to ensure that the Processor engages under the terms of this Agreement provides sufficient guarantees in terms of:  \ni) expert knowledge;  \nii) reliability and resources;  \niii) ability to implement technical and organisational measures which will meet the requirements of the UK GDPR including for the security of processing.  \n(C) The Controller must also take into account the specific tasks and responsibilities of the Processor under this Agreement in the context of the processing to be carried out and the risks to the rights and freedoms of the data subject.  \n(D) This Agreement ex","cbCaieS1oaxOnI8u","https://ap.wps.com/l/cbCaieS1oaxOnI8u","pdf",722228,"English","# What is a data processing agreement?\n# Why do I need a data processing agreement?\n# When should I use this template?\n# How to use this template?\n# Disclaimer\n# Where can I find further information?\n# Data Processing Agreement (template)\n## Background\n## Definitions and interpretations","[{\"question\":\"What is a data processing agreement and who are the parties?\",\"answer\":\"It is a legally binding agreement between a data controller and a data processor about processing personal data. The controller determines purposes and means, while the processor processes on behalf of the controller.\"},{\"question\":\"Why is a data processing agreement required under UK GDPR?\",\"answer\":\"It demonstrates accountability under Article 5 and is required under Article 28. It also underpins the controller–processor relationship by defining the processing and each party’s responsibilities.\"},{\"question\":\"When should this template be used and how should grey-text sections be handled?\",\"answer\":\"It is designed for marketing organisations (the controller) that contract third parties (the processor) for processing on their behalf, including direct marketing or direct marketing purposes. Grey or grey-highlighted text requires the editor to amend it based on what has been agreed between the controller and processor.\"}]","DMA Data Processing Agreement Template - 2025 | PDF",1789568766,6]