Data Processing Agreement (DPA)
Our Data Processing Agreement ensures GDPR compliance and protects both your organization and your customers' data. Understanding this agreement is crucial for maintaining legal compliance when collecting and processing personal data through SmartFlow.
📋 What is a DPA?
A Data Processing Agreement is a legally binding contract between:
- Data Controller (your organization) - determines purposes and means of processing
- Data Processor (SmartFlow) - processes personal data on behalf of the controller
Legal Requirement
Under GDPR Article 28, any organization using a third-party service to process personal data must have a signed DPA in place before data processing begins.
Key Components
Our DPA covers:
- Subject matter and duration of processing
- Nature and purpose of processing
- Types of personal data and categories of data subjects
- Rights and obligations of both parties
- Technical and organizational security measures
🔐 SmartFlow's Role as Data Processor
What We Process
SmartFlow processes personal data you collect through forms, including:
- Contact Information: Names, email addresses, phone numbers
- Business Data: Company names, job titles, industry information
- Behavioral Data: Form interactions, submission timestamps
- Technical Data: IP addresses, browser information, device data
Processing Purposes
We process data solely to provide our services:
- Form submission handling and storage
- Automation execution and workflow management
- Analytics and reporting generation
- Integration with your connected systems
- Customer support and technical assistance
Legal Basis
Processing is based on:
- Contract Performance - to provide agreed services
- Legitimate Interest - for service improvement and security
- Consent - when explicitly provided by data subjects
📄 DPA Key Terms
Data Processing Scope
Permitted Processing Activities
- Storing form submissions in secure databases
- Executing automations and workflows
- Generating analytics and reports
- Facilitating integrations with third-party systems
- Providing customer support services
Prohibited Activities
SmartFlow will NOT:
- Process data for our own commercial purposes
- Share data with unauthorized third parties
- Use data for marketing our services to your customers
- Retain data beyond agreed retention periods
- Process data outside specified geographic regions
Data Subject Rights
We support your compliance with data subject rights:
- Access: Provide data copies upon request
- Rectification: Update or correct inaccurate data
- Erasure: Delete data when legally required
- Portability: Export data in machine-readable formats
- Restriction: Limit processing when requested
Data Security Measures
Technical and organizational measures include:
- Encryption: AES-256 encryption for data at rest and in transit
- Access Controls: Role-based access with multi-factor authentication
- Network Security: Firewalls, intrusion detection, and monitoring
- Personnel Security: Background checks and confidentiality agreements
- Incident Response: 24/7 monitoring and incident response procedures
🌍 International Data Transfers
Data Residency
SmartFlow provides data residency options:
- European Union: Data stored within EU boundaries
- United States: Data stored in SOC 2 certified facilities
- Multi-Region: Backup and disaster recovery across regions
Transfer Mechanisms
For international transfers, we use:
- Standard Contractual Clauses (SCCs) - EU Commission approved
- Adequacy Decisions - for transfers to approved countries
- Binding Corporate Rules - for intra-group transfers
- Consent - when explicitly provided by data subjects
Sub-processors
Our certified sub-processors include:
- Cloud Infrastructure: AWS, Google Cloud (with appropriate safeguards)
- Email Services: Certified providers for transactional emails
- Analytics: Privacy-compliant analytics services
- Support Tools: GDPR-compliant customer support platforms
📞 Contact and Compliance
Data Protection Officer (DPO)
Contact Information:
- Email: dpo@smartflow.com
- Phone: +31 (0) 20 123 4567
- Address: SmartFlow B.V., Privacy Office, Amsterdam, Netherlands
DPO Responsibilities:
- Monitor GDPR compliance
- Conduct privacy impact assessments
- Serve as contact point for supervisory authorities
- Provide data protection training and guidance
Supervisory Authority
Our lead supervisory authority:
- Autoriteit Persoonsgegevens (Dutch DPA)
- Website: autoriteitpersoonsgegevens.nl
- Contact: +31 (0) 70 888 8500
Compliance Monitoring
Regular compliance activities:
- Annual third-party security audits
- Quarterly DPA compliance reviews
- Monthly security assessments
- Continuous monitoring and incident response
📋 DPA Execution Process
Signing the DPA
Enterprise Customers
- Request DPA - Contact your account manager
- Review Terms - Legal review of standard terms
- Negotiate Specifics - Customize for your requirements
- Execute Agreement - Digital signature process
- Maintain Records - Store signed agreement securely
Self-Service Customers
- Access DPA Portal - Available in account settings
- Complete Information - Provide required details
- Review and Accept - Electronic acceptance
- Download Copy - Save for your records
- Annual Renewal - Automatic renewal unless changes required
Required Information
To execute the DPA, we need:
- Legal entity name and registration details
- Primary contact for data protection matters
- Description of data processing activities
- Geographic processing preferences
- Specific compliance requirements
Amendment Process
DPA amendments require:
- Written request with justification
- Legal review by both parties
- Mutual agreement on changes
- Updated signature and documentation
- Communication to relevant stakeholders
🔒 Security and Breach Notification
Security Incident Management
Our incident response process:
- Detection: 24/7 monitoring and alerting
- Assessment: Immediate impact evaluation
- Containment: Rapid response to limit exposure
- Investigation: Forensic analysis and root cause determination
- Notification: Customer and authority notification as required
Breach Notification Timeline
- Immediate: Initial incident assessment (within 1 hour)
- 4 Hours: Preliminary impact assessment to customers
- 24 Hours: Detailed incident report and response plan
- 72 Hours: Supervisory authority notification (if required)
- 30 Days: Final incident report and prevention measures
Customer Breach Support
We assist with your breach obligations:
- Detailed incident documentation
- Impact assessment for your data subjects
- Communication templates and guidance
- Legal and regulatory compliance support
- Remediation and prevention recommendations
📊 Audit and Compliance Verification
Audit Rights
As data controller, you have the right to:
- Review our data processing activities
- Audit security measures and controls
- Inspect documentation and records
- Interview personnel involved in processing
- Verify compliance with DPA terms
Compliance Documentation
We provide comprehensive documentation:
- SOC 2 Type II Reports - Annual security audits
- ISO 27001 Certification - Information security management
- Penetration Testing Results - Quarterly security assessments
- Compliance Attestations - GDPR compliance verification
- Sub-processor Agreements - Third-party compliance documentation
Regular Reporting
Quarterly compliance reports include:
- Processing activity summaries
- Security incident reports
- Sub-processor updates
- Compliance status updates
- Recommendation and improvement plans
🚀 Getting Started
DPA Checklist
- [ ] Determine if DPA is required for your use case
- [ ] Review standard DPA terms and conditions
- [ ] Identify any specific requirements or customizations
- [ ] Gather required organizational information
- [ ] Execute DPA through appropriate channel
- [ ] Distribute signed DPA to relevant stakeholders
- [ ] Set calendar reminders for review and renewal
Next Steps
After DPA execution:
- Configure Data Settings - Set processing preferences
- Update Privacy Policy - Include SmartFlow processing
- Train Your Team - Ensure awareness of obligations
- Monitor Compliance - Regular review and assessment
- Plan for Renewals - Annual review and updates