Data agreements
Data Processing Agreements
Fixed-fee DPAs and data sharing agreements that satisfy enterprise customers and protect your business.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.
In short
A data processing agreement (DPA) sets out how a supplier may handle personal information on your behalf. We draft and negotiate DPAs and data sharing agreements for a fixed fee.
Enterprise customers and overseas clients routinely ask for a DPA before they will buy. Having a balanced one ready shortens your sales cycle.
What a good DPA covers
- Roles and instructions: processing only on documented instructions
- Purpose and data types
- Security measures proportionate to the data
- Sub-processors: approval, flow-down and liability
- Cross-border transfers, including APP 8 and any GDPR or UK requirements
- Breach notification timeframes
- Audit rights and information requests
- Return and deletion at the end of the service
What we do
- Draft your standard DPA to attach to SaaS terms. See SaaS terms of service.
- Review and negotiate a customer or supplier DPA.
- Prepare data sharing agreements between related entities and partners.
Related: privacy and data protection, cyber security contract review, software and SaaS lawyers.
Frequently asked questions
What is a data processing agreement?
A contract in which a service provider agrees to handle personal information only on your instructions and with set security, subcontracting, return and deletion obligations. Enterprise customers and overseas clients routinely require one.
Is a DPA required in Australia?
The Privacy Act does not mandate a DPA in those terms, but you stay accountable for personal information your suppliers handle, and customers often insist on one. If you handle data of people in the EU or UK, GDPR processor terms may also be required.
Can you review a DPA sent by a large customer?
Yes. We review sub-processor rules, audit rights, international transfers, breach notice periods and liability, and give you negotiation notes.
Do you also draft data sharing agreements?
Yes. We document data sharing between related companies, partners and platforms, including purpose limits, security, ownership and what happens on termination.
How are fees set?
Fixed fee, agreed after we see the documents.
Two ways to start
Get a fixed fee before any work starts.
Answer a few short questions, attach your documents if you have them, and a senior lawyer replies with the scope and the price.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.