Glossary entry

Spanish term or phrase:

contrato de tratamiento de datos por cuenta de terceros

English translation:

Data processing outsourcing agreement

Added to glossary by Comunican
Apr 22, 2021 10:55
3 yrs ago
28 viewers *
Spanish term

contrato de tratamiento de datos por cuenta de terceros

Spanish to English Law/Patents Law (general) Data processor contract
Throwing this one out to you wonderful, helpful people because I am struggling to find the correct wording!

"Ambas partes se declaran, con capacidad suficiente para subscribir el presente contrato de tratamiento de datos por cuenta de terceros, de mutuo acuerdo."

I see in https://gdpr.eu/data-processing-agreement/ that they simply refer to "Data Processing Agreement" but this excludes the third party aspect.

So, is it "Agreement to process data on behalf of third parties"? Or "Agreement for third-party data processing"? or "Third-party data processing agreement"?

Thoughts appreciated - especially for UK context.

Thanks!

Discussion

Comunican (asker) Apr 22, 2021:
@Natasha da Silva Hi Natasha, it's an agreement between the Data Controller and the Data Processor and by definition the data "belongs" to the Controller (although I guess ultimately it belongs to the individual Data Subjects). Thanks
Natasha da Silva Apr 22, 2021:
More context... From the extract quoted,

"Ambas partes se declaran, con capacidad suficiente para subscribir el presente contrato de tratamiento de datos por cuenta de terceros, de mutuo acuerdo."

...we could assume that the contract in question concerns data processing by third parties, however, you only provide a link to a generic template of a data processing agreement. More context is needed to determine for certain whether the data processing mentioned is actually on behalf of or by third parties. This might involve outsourcing the process or simple sharing the data with a service provider for specific purpose.

Do you have access to the entire contract? It should be carefully reviewed with these kind of questions before determining the precise meaning:

Who are the parties?
Who is the data controller (responsable del tratamiento)?
Who is the data processor (encargado del tratamiento)?
Whose data is being processed? (i.e. does it belong to the parties or their clients?)
How will it be proposed and for what purposes?

https://ec.europa.eu/info/law/law-topic/data-protection/refo...

Proposed translations

5 hrs
Selected

Data processing outsourcing agreement

Got quite a lot of hits for this on Google. I prefer outsourcing to third party, but it depends on the client.
Note from asker:
Thanks Kittilina, yes I also prefer outsourcing to third party
Peer comment(s):

agree AllegroTrans
6 hrs
disagree Natasha da Silva : This translation is very specific. We don't have the context to know if the processing solely concerns outsourcing (i.e. subcontracting of services). Data may be shared with third parties for many purposes (including but not limited to outsourcing).
18 hrs
Natasha, Comunican already clarified that the agreement is the Data Controller outsourcing data processing to a Data Processor. I can't see why you actually disagree with my answer.
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Thanks Kittilina and everyone. I felt this fit my situation and style best. Thank you as ever for your help."
+1
6 mins

contract for [the] outsourcing [of] data processing

It seems like this would capture the essence of the meaning.

OR:
"agreement" instead of "contract"
Note from asker:
That's an interesting option, thank you Robert. (and yes, I tend to prefer agreement over contract for the UK)
Peer comment(s):

agree Cristina Zavala : Yes
1 hr
Thank you, Cristina.
Something went wrong...
+2
3 hrs

hird-Party Data Processing Agreement

"A data processing agreement (DPA) is a legal document signed by the controller and the processor either in written or in electronic form,..."

http://www.nhsborders.scot.nhs.uk/corporate-information/reco...

--------------------------------------------------
Note added at 3 hrs (2021-04-22 14:46:15 GMT)
--------------------------------------------------

Third, don't know where that T went....
Example sentence:

The Company has a template third party data processing agreement ...

Personal data cannot be processed by a third party unless a third party Data Processing Agreement has been approved and signed.

Peer comment(s):

neutral Francois Boye : Where is the T initiating the word Third?
1 hr
agree Natasha da Silva : Third-party data processing agreement is the best fit to cover all purposes (not just outsourcing)
20 hrs
agree patinba
22 hrs
Something went wrong...
Term search
  • All of ProZ.com
  • Term search
  • Jobs
  • Forums
  • Multiple search