Personal data entrustment agreement between contractors


My contractor offered me to sign a personal data processing agreement. What is such an entrustment agreement needed for?

Jan, Brzeg


An entrepreneur who builds a database of e.g. contractors becomes the administrator of personal data of his customers and suppliers. The rules for the processing of personal data are laid down in the Personal Data Protection Act. In order to ensure proper protection of the data stored in it, the controller entrusting access to data to a third party for a legally permitted purpose, should entrust this data on the basis of a contract.

Art. 31 sec. 1 of the Personal Data Protection Act: “Art. 31. 1. The data controller may entrust data processing to another entity, by way of a written contract. "

Within the meaning of the above article - if the entrepreneur is the administrator of personal data, which he entrusts to another entity in order to perform a specific activity, he should secure the security of this data by signing an entrustment agreement (e.g. entrusting personal data to employees of an accounting office that conducts HR settlements).

Importantly, only a written contract containing the scope and purpose for which personal data will be processed will have legal force.