Training Course on Negotiating Data Processing Agreements (DPAs)

Training Course on Negotiating Data Processing Agreements (DPAs)

Introduction

In today's digital economy, data privacy compliance and data protection contracts are critical elements of any organization's governance and risk management strategies. With the enforcement of laws such as the GDPR, CCPA, and global privacy frameworks, it is more important than ever to effectively negotiate, draft, and manage Data Processing Agreements (DPAs) with third-party vendors and partners. Training Course on Negotiating Data Processing Agreements (DPAs) equips professionals with practical tools, negotiation tactics, and real-world examples to ensure airtight compliance and accountability in data-sharing relationships.

 

This course combines legal, technical, and business perspectives to help participants mitigate risk, protect personal data, and align agreements with applicable regulations. Whether you are a privacy officer, legal counsel, or contract manager, mastering DPAs enhances your organization's resilience in the face of increasing data processing demands and evolving compliance obligations.

Course Objectives

1. Understand the legal framework for Data Processing Agreements under GDPR and other global laws.
2. Identify key data controller vs data processor roles in agreements.
3. Draft enforceable data protection clauses and terms.
4. Negotiate cross-border data transfer mechanisms effectively.
5. Implement security measures and breach notification terms.
6. Analyze third-party risk and due diligence in vendor contracts.
7. Navigate Standard Contractual Clauses (SCCs) and Transfer Impact Assessments (TIAs).
8. Understand subprocessor management and audit rights.
9. Review data subject rights and transparency obligations.
10. Align data retention, deletion, and return policies with contract terms.
11. Respond to regulatory investigations and enforcement actions.
12. Use real-life case studies to enhance contract negotiation skills.
13. Leverage technology to manage contract lifecycle and compliance documentation.

Target Audience

1. Data Protection Officers (DPOs)
2. Legal Counsels and Attorneys
3. Privacy and Compliance Officers
4. Risk Management Professionals
5. Contract Managers
6. IT Security Professionals
7. Procurement Managers
8. Consultants in Privacy and Cybersecurity

Course Duration: 5 days

Course Modules

Module 1: Fundamentals of Data Processing Agreements

• Understanding the purpose and scope of DPAs
• Core definitions: data controller, processor, subprocessor
• Mandatory DPA clauses under GDPR
• Differences between GDPR, CCPA, and other frameworks
• Best practices in drafting foundational terms
• Case Study: Meta vs. Irish DPC – Misinterpretation of controller responsibilities

Module 2: Drafting and Negotiating Key Clauses

• Roles and obligations of controllers and processors
• Liability clauses and indemnification strategies
• Confidentiality and audit rights
• Handling breach notifications and cooperation
• Negotiating limitations of liability
• Case Study: Zoom’s processor terms post-privacy investigation

Module 3: Managing Cross-Border Data Transfers

• Understanding SCCs, BCRs, and adequacy decisions
• Conducting Transfer Impact Assessments (TIAs)
• Incorporating international transfer language in DPAs
• Addressing Schrems II implications
• Managing transfers to U.S.-based service providers
• Case Study: Google Analytics data transfers post-Schrems II

Module 4: Subprocessor Oversight and Audit Rights

• Due diligence for subprocessors
• Approval, notification, and listing clauses
• Right to audit subprocessors and operational barriers
• Data breach reporting from subprocessors
• Best practices in subprocessor management
• Case Study: AWS Shared Responsibility Model for subprocessors

Module 5: Data Subject Rights and Transparency

• Data subject access request handling in DPAs
• Transparency and joint controller considerations
• Rights to rectification, erasure, and portability
• Delegating rights fulfillment to processors
• Third-party rights and liability exposure
• Case Study: TikTok’s joint controller fine in Europe

Module 6: Security Measures and Incident Response

• Defining technical and organizational measures (TOMs)
• Cybersecurity standards (ISO, NIST) in DPAs
• Breach response timelines and obligations
• Coordination with IT and InfoSec teams
• Security addendum checklist
• Case Study: Equifax breach and poor contractual safeguards

Module 7: Retention, Deletion, and Return of Data

• Lifecycle of personal data in contracts
• Policies for secure deletion and return
• Contractual enforcement of retention schedules
• Exit clauses and transitions between vendors
• Data portability and compliance after termination
• Case Study: NHS Trust vendor offboarding gaps

Module 8: Contract Lifecycle and Technology Tools

• Managing DPA renewals and amendments
• Contract automation and clause libraries
• Version control and approval workflows
• DPA management platforms (OneTrust, TrustArc)
• Integration with vendor risk management
• Case Study: Multinational retailer’s automation success

Training Methodology

• Interactive instructor-led sessions
• Real-world case study analysis
• Hands-on contract drafting simulations
• Group-based negotiation role-play
• Downloadable DPA templates and tools
• Post-training knowledge assessments

Register as a group from 3 participants for a Discount

Send us an email: info@datastatresearch.org or call +254724527104 

Certification

Upon successful completion of this training, participants will be issued with a globally- recognized certificate.

Tailor-Made Course

 We also offer tailor-made courses based on your needs.

Key Notes

a. The participant must be conversant with English.

b. Upon completion of training the participant will be issued with an Authorized Training Certificate

c. Course duration is flexible and the contents can be modified to fit any number of days.

d. The course fee includes facilitation training materials, 2 coffee breaks, buffet lunch and A Certificate upon successful completion of Training.

e. One-year post-training support Consultation and Coaching provided after the course.

f. Payment should be done at least a week before commence of the training, to DATASTAT CONSULTANCY LTD account, as indicated in the invoice so as to enable us prepare better for you.