Data processor agreement

In accordance with the regulation, Encode is considered a Data Processor if the entity's data is either processed through a hosted solution with Encode, or if Encode’s staff either supports or otherwise has access to the data at the customer's premises linkable to individuals.

It is the responsibility of the Data Controller to ensure that Encode is informed and accepts that personal data is being processed.

In terms of GDPR, Encode A/S has drawn up this standard Data Processor Agreement according to the requirements of the Data Protection Regulation, which can be used in addition to the contractual basis with Encode.

The Data Processor Agreement is divided into three main areas:

  • The first part, which is the main agreement, where the legal obligations between the company (the Data Controller) and Encode (the Data Processor) are established in accordance with the Data Protection Regulation.
  • Annex 1: The Data Controller describes the overall purpose (main performance) and the types of personal data processed. The Annex itself contains examples and instructions.
  • Annex 2: Here, the Data Controller describes the Data Processor’s obligations.

Encode would, in this context, like to request that this Data Processor Agreement is entered into by the completion of Annex 1 (marked in red) and by the Data Processor Agreement to being submitted to Encode for signature. In this way, you comply with a significant part of the requirements under the Data Protection Regulation. If you would like further advice on how to handle this, we would, of course, be happy to assist you.

Download our Data Processing Agreement here.