Agency Agreement GDPR: Understanding the Responsibilities and Rights of Agencies and Clients
The General Data Protection Regulation (GDPR) has been in effect since May 2018, changing the way businesses handle personal data of European Union (EU) citizens. Among those businesses are agencies, which act as intermediaries between clients and consumers. As such, it is important for agencies to understand their responsibilities and rights under the GDPR when entering into agency agreements.
What is an Agency Agreement?
An agency agreement is a legal contract between an agency and its client that outlines the terms and conditions of the services being offered. This agreement typically includes the scope of work, payment terms, intellectual property rights, confidentiality provisions, and termination clauses.
Under the GDPR, agencies are considered data processors, while clients are data controllers. This means that agencies process personal data on behalf of their clients and must comply with the GDPR requirements as well as the agency agreement.
What are the Responsibilities of Agencies under GDPR?
Agencies are responsible for ensuring that personal data is processed in a lawful, fair, and transparent manner. They should only collect data that is necessary for the purposes of their client’s business, and ensure that data is accurate and up-to-date. They are also required to implement appropriate technical and organizational measures to protect personal data against unauthorized or unlawful processing, accidental loss, destruction, or damage.
An agency must obtain the explicit consent of data subjects before collecting and processing their personal data. This consent must be freely given, specific, informed, and unambiguous. The agency must also inform data subjects of their rights, including the right to access, rectify, erase, restrict processing, and object to processing.
Agencies should also conduct data protection impact assessments (DPIAs) when processing personal data that is likely to result in a high risk to the rights and freedoms of data subjects. DPIAs help agencies identify and minimize data protection risks and ensure compliance with the GDPR.
What are the Rights of Agencies under GDPR?
Agencies have the right to receive clear instructions from their clients on the processing of personal data. Clients must provide the agency with the necessary resources to meet their GDPR obligations. Agencies may also request additional information or documentation from their clients if they believe it is necessary to ensure compliance with the GDPR.
Agencies have the right to terminate an agency agreement if the client does not comply with the GDPR. They may also disclose any non-compliance to supervisory authorities if necessary.
An agency agreement is a vital document that outlines the terms and conditions of the services being offered by an agency to its client. Under the GDPR, agencies must comply with specific requirements to ensure that personal data is processed in a lawful, fair, and transparent manner. Agencies are also entitled to receive clear instructions from their clients and may terminate the agreement if the client does not comply with the GDPR. By understanding their responsibilities and rights under the GDPR, agencies can protect the personal data of EU citizens and maintain compliance with the law.