contrato de tratamiento de datos por cuenta de terceros

16:44 Apr 22, 2021 

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

13:14 Apr 22, 2021 

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...