Question 1

What does a custom Data Processing Agreement include?

Accepted Answer

Your custom DPA will include:

• Clear processing instructions and scope of processing activities
• Data categories and data subject types
• Controller and processor obligations and responsibilities
• Confidentiality and security requirements
• Sub-processor approvals and notification procedures
• Cross-border data transfer mechanisms and safeguards
• Data breach notification and cooperation obligations
• Audit rights and assistance with regulatory requests
• Data deletion and return procedures upon termination
• Duration and termination provisions

Each section is tailored specifically to your business operations, data flows, and compliance requirements under Canadian privacy laws.

Question 2

What is the delivery timeline and process?

Accepted Answer

Standard delivery is 3 business days (express delivery available for 1 business day).

After checkout, we'll email you a detailed questionnaire about your:
• Processing activities and purposes
• Types of personal data processed
• Data subjects and categories
• Security measures and controls
• Sub-processors and service providers
• Cross-border data transfers
• Current compliance framework

Our Canadian lawyers will then draft your custom DPA based on your responses and specific requirements.

Question 3

Who will draft my Data Processing Agreement?

Accepted Answer

Your DPA will be drafted by licensed Canadian lawyers with specialized expertise in privacy law and data protection.

Our team has extensive experience with:
• PIPEDA (Personal Information Protection and Electronic Documents Act)
• Quebec Law 25 (An Act respecting the protection of personal information in the private sector)
• Provincial privacy legislation (Alberta PIPA, BC PIPA, etc.)
• GDPR compliance for cross-border processing
• Contractual data protection requirements

Your lawyer will ensure the agreement addresses your specific business context and compliance needs.

Question 4

How does the information gathering process work?

Accepted Answer

After checkout, we'll send you an AI-powered questionnaire that guides you through:

1. Processing Context:
• Your role (controller/processor) and relationship with the other party
• Purpose and legal basis for processing
• Categories of personal data

2. Processing Activities:
• Data collection, use, storage, and disclosure practices
• Data retention periods
• Processing locations and jurisdictions

3. Security & Compliance:
• Technical and organizational security measures
• Current certifications or compliance frameworks
• Incident response procedures

4. Third Parties:
• Sub-processors and service providers
• Data sharing arrangements
• Cross-border transfers

The questionnaire adapts based on your answers, typically taking 15-25 minutes to complete.

Question 5

How many revisions are included?

Accepted Answer

Your package includes one comprehensive round of amendments after you receive the initial draft.

During this revision phase, you can:
• Request clarifications or modifications to any clause
• Adjust processing scopes or security requirements
• Add or modify sub-processor provisions
• Refine data transfer mechanisms
• Update schedules and annexes

Additional revision rounds can be purchased separately if needed. Most clients find one round sufficient for their needs.

Question 6

Is a solicitor consultation included?

Accepted Answer

Yes. Your package includes email support from the drafting lawyer to answer questions about:

• Specific clauses and their implications
• Compliance requirements and obligations
• Implementation guidance
• How the DPA interacts with your existing contracts

If you need an extended phone or video consultation, we can arrange that for an additional fee. Most clients find email support sufficient for finalizing their DPA.

Question 7

How is this different from a template?

Accepted Answer

Unlike generic templates, your custom DPA is:

• Drafted by a licensed Canadian lawyer specifically for your business
• Tailored to your actual processing activities and data flows
• Aligned with your specific security measures and controls
• Adapted to your sub-processor relationships
• Compliant with relevant provincial and federal requirements
• Includes custom schedules and annexes for your situation
• Reviewed for consistency with your business model

Templates often contain placeholder language or provisions that don't match your operations, creating compliance gaps or unintended obligations.

Question 8

What specific areas does the DPA cover?

Accepted Answer

Your DPA will comprehensively address:

Processing Framework:
• Scope, purpose, and duration of processing
• Instructions and prohibited processing activities
• Controller and processor rights and obligations

Data Protection:
• Data categories and data subject types
• Confidentiality requirements for personnel
• Security measures (technical and organizational)
• Sub-processor engagement and controls

Compliance & Cooperation:
• Assistance with data subject requests
• Support for privacy impact assessments
• Data breach notification procedures
• Cooperation with regulatory investigations
• Audit and inspection rights

Transfers & Termination:
• Cross-border data transfer mechanisms
• Standard contractual clauses (where applicable)
• Data deletion and return obligations
• Post-termination obligations

Each section is customized to your specific processing relationship and compliance needs.

Question 9

Will the DPA comply with Canadian privacy laws?

Accepted Answer

Yes. Your DPA will be drafted to comply with applicable Canadian privacy legislation, including:

• PIPEDA (federal) – for commercial activities across Canada
• Quebec Law 25 – enhanced requirements for Quebec operations
• Alberta PIPA – for Alberta-based businesses
• BC PIPA – for British Columbia operations
• Other provincial legislation as applicable

We also align with international standards where relevant:
• GDPR Article 28 requirements (for EU data processing)
• Standard Contractual Clauses (for international transfers)
• UK IDTA (for UK data transfers)

Your lawyer will ensure the DPA addresses all applicable compliance obligations for your specific processing activities and jurisdictions.

Question 10

Can the DPA be amended or updated in the future?

Accepted Answer

Yes. Your DPA should include provisions for amendments and updates.

Typical amendment scenarios:
• Changes to processing activities or purposes
• Addition or removal of sub-processors
• Updates to security measures
• New regulatory requirements
• Changes to data transfer mechanisms

We recommend including:
• Amendment procedures in the agreement
• Notice requirements for material changes
• Annual review provisions

If you need to amend your DPA after finalization, we offer amendment services at a reduced rate for existing clients. Many clients include provisions for automatic updates based on regulatory changes.

Question 11

How do I implement the DPA with my business partners?

Accepted Answer

Your DPA package includes practical implementation guidance:

Execution:
• Signing procedures and requirements
• Order of execution if multiple parties are involved
• How to handle counterparts and electronic signatures

Integration:
• How the DPA relates to your main service agreement
• Priority and conflict provisions
• Notice and communication procedures

Ongoing Compliance:
• Checklist for monitoring compliance obligations
• Schedule review and update procedures
• Documentation and record-keeping requirements

Your lawyer will provide specific guidance based on your business structure and the nature of your processing relationship.

Question 12

What happens after I receive the final DPA?

Accepted Answer

After finalization and delivery:

1. Review Period:
You'll receive the final DPA in Word format for your review and any final minor adjustments.

2. Execution:
We provide guidance on signing and executing the agreement with your business partner(s).

3. Implementation:
You'll receive practical guidance on implementing the DPA's requirements in your operations.

4. Ongoing Support:
While ongoing legal support isn't included, we offer:
• Discounted rates for DPA amendments
• Priority service for existing clients
• Annual review services
• Compliance audit assistance

You'll also have access to our knowledge base and resources for maintaining compliance with your DPA obligations.

Custom Data Processing
Agreement

How it works

Form & Checkout

We Draft

Review & Finalize

Why This DPA Works

Controller–Processor Clarity

Security & Breach

Transfers & Sub‑processors

Audit & Assistance

Plain‑English

Amendments & Support

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Meet Your Expert Team

Tamara

Alicia

Johanna

Ayesha

Geraint

Kyle

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FAQs

Custom Data ProcessingAgreement