AVV-Generator - Generatore di contratto di trattamento dei dati

The data processing agreement, DPA for short, is one of the most frequently overlooked GDPR obligations. Anywhere an external service provider processes personal data on your behalf, Art. 28 GDPR requires a written contract with a fixed minimum content. This affects more cases than most think: email marketing, cloud storage, accounting software, support systems, web hosting. Without the DPA the processing is formally unlawful and, in the worst case, subject to fines.

The DPA generator takes the drafting off your hands. It guides you in clear steps through the parties (controller and processor), the subject and nature of the processing, the categories of data subjects and data, the technical and organizational measures, the sub-processors and the legal clauses. Ready presets for typical service-provider constellations give you a sensible starting point.

The core is the technical and organizational measures, the TOMs under Art. 32 GDPR. The generator structures them into nine categories: the eight customary in practice (physical access, system access, data access, transfer, input, job, availability and separation control) plus review & organisation with regular testing under Art. 32(1)(d) GDPR, training and an incident process. For each category you select the fitting measures instead of formulating them from nothing.

A point where many DPAs fail is the third-country transfer. As soon as a service provider or its sub-processor sits outside the EU, you need a valid transfer mechanism - an adequacy decision or standard contractual clauses (SCC). The generator detects from the location whether a third-country transfer exists and points out whether and which transfer mechanism is needed, so you do not overlook it.

Sub-processors are managed systematically. When your service provider itself engages further providers, the DPA must govern this, including authorization and the passing on of duties. The generator manages the sub-processors as a list, checks their locations for third-country relevance and includes them in the contract. On top there is an Art. 28 checklist as a checking aid that shows which core points your form already covers.

Honesty is part of it: a generated DPA is a solid, GDPR-oriented foundation, but for delicate constellations it does not replace review by a data protection officer or specialist lawyer. For most standard cases with common service providers it is a solid working basis. Everything runs data-frugally, and you export the finished document as PDF, ready for signature by both sides.