What needs to be included in a processor contract?

Contracts must set out:

  • the subject matter and duration of the processing;
  • the nature and purpose of the processing;
  • the type of personal data and categories of data subject; and
  • the controller’s obligations and rights.

Contracts must also include specific terms or clauses regarding:

  • processing only on the controller’s documented instructions;
  • the duty of confidence;
  • appropriate security measures;
  • using sub-processors;
  • data subjects’ rights;
  • assisting the controller;
  • end-of-contract provisions; and
  • audits and inspections.