Data Processing Agreements: Understanding the Pain Points, Negotiating Key Terms, Ensuring Regulatory Compliance
Breaking Down What a DPA Is, How it Works, and Why All Businesses Need Them
An encore presentation with Q&A.
A 90-minute CLE video webinar with interactive Q&A
This CLE webinar will guide corporate and technology counsel in negotiating data processing agreements (DPAs). DPAs are an essential but often overlooked part of data security for businesses. The panel will break down the pain points when negotiating DPAs and will provide compromise tips to help ensure a path to execution.
Outline
- Purpose of a DPA
- When is a DPA required
- Compliance with regulatory requirements
- GDPR
- CCPA
- Other U.S. states that have laws governing DPAs
- Penalties for noncompliance
- Negotiating key terms of a DPA
- Limitation of liability
- Use of subprocessors
- Security measures
- Responding to data breaches
- Audit rights
Benefits
The panel will review these and other relevant issues:
- Which data protection laws require DPAs?
- What are the required terms of a DPA?
- What are the privacy and security considerations for DPAs?
- What are the key considerations and what to watch out for when signing a DPA?
- Do processors have to sign a DPA with their sub-processors?
- What are the top pain points when negotiating DPAs, and what are some key compromise tips?
- What are the penalties for noncompliance with the DPA requirements of the GDPR, CCPA, and other state privacy laws?
An encore presentation featuring Q&A.
Faculty

Eran Kahana
Counsel
Maslon LLP and Stanford Law School
Mr. Kahana is an experienced technology and IP lawyer, and also a Research Fellow at Stanford Law School. He counsel... | Read More
Mr. Kahana is an experienced technology and IP lawyer, and also a Research Fellow at Stanford Law School. He counsel clients on a wide variety of matters related to intellectual property and cyber security and serves in a variety of cyber security thought-leadership roles. He works closely with the FBI, DOJ and colleagues from the private and academic sectors to promote and sustain cyber security best practices. At Stanford, he writes and lectures on the intersect between law and artificial intelligence. He has been interviewed on the BBC, KABC radio, Minnesota Public Radio, TheStreet.com and Stanford University Radio, KZSU FM.
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Michael L. Whitener
Partner
VLP Law Group
Mr. Whitener’s practice focuses on technology transactions and corporate compliance. In the area of technology... | Read More
Mr. Whitener’s practice focuses on technology transactions and corporate compliance. In the area of technology transactions, he has experience in software licensing and alliances, cloud computing, web hosting and outsourcing agreements. Mr. Whitener’s data privacy expertise includes Big Data analytics, mobile applications, privacy by design, cybersecurity and cross-border data transfers. He drafts corporate policies concerning social media, “bring your own device” and other privacy-related issues.
CloseEarly Discount (through 11/03/23)
Cannot Attend November 30?
Early Discount (through 11/03/23)
You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.