Standard form contract to assist compliance with obligations imposed by article 17 of the Data Protection Directive 95/46/EC (and implementation guide)

The present document defines a standard form contracts for contractual relations in common areas of professional and other services, reflecting the requirements of Article 17 of Directive 95/46 for use within the EEA. The contract form shall be defined according to the requirements of data controllers who employ or use third party processors to use such contracts. It shall contain generic descriptions that can be adapted according to specific business requirements and thus represent a valuable form of business standard for trade. The contract is for use by data controllers and data processors located within the European Economic Area where the parties have entered into a separate data processing agreement. It may be used as a complete agreement to accompany a separate data processing services agreement or the operative clauses can be extracted and incorporated into the processing services agreement.